RESOLVING TENANT/LANDLORD DISPUTES

In the world of renting we all want a stress and trouble free process whether it is a temporary or permanent solution. In the most part, this is achieved through transparent pricing, transparent policies and a fair approach – however there are occasions where things do go wrong and disagreements arise. Regardless of who is to blame, here are 9 ways you can set about resolving disputes.

1.PREVENTION IS BETTER THAN CURE

It may be an old saying, but it’s one you’d do well to heed as a landlord. Instead of constantly having to resolve disputes, it’s always better to avoid them in the first place - and the best way to do that is to know the law inside out.

Keeping abreast of the latest changes to housing laws and making amendments as and when they are necessary will not only lessen the chances of incurring a dispute, it’ll also make you a better landlord, too. This can often result in happier tenants who are willing to stay in your property longer, lowering your chances of being left with dreaded void periods between tenancies. If you think boning up on legislation sounds like a whole lot of work, there is a simpler route.

Our comprehensive management service will handle all that for you, preparing your tenancy in a way that will minimise the chances of disputes ever happening. Providing you follow our advice and guidance, problems with disgruntled tenants will be extremely rare. Even if a dispute were to arise, our expert team will be with you every step of the way. We’ll handle all of the complicated negotiations for you, bringing the dispute to a satisfactory conclusion, both for you and your tenant. The peace of mind this brings can prove to be invaluable, especially for those with busy lives.

2. COMMUNICATE

Communication is often one of the predominant problems in these sorts of issues. Depending on whom your landlord is it is recommendable to bring any issues to their attention at the earliest opportunity. Communication is key – you would be surprised to hear the amount of people who didn’t notice or take action regarding issues simply because they didn’t know they existed.

In today’s digitally connected world, it’s highly likely that the first contact you’ll receive from your tenant will be in the form of an email or maybe a telephone conversation. If the issue they have cannot be immediately resolved, offer to meet up with them face to face to discuss the problem in order to try and find a solution.

Arrange for the meeting to be held on neutral territory, such as a local coffee shop, for example. This way, both of you will feel comfortable with the meet and remain relaxed enough to be able to come to an agreement that works for both of you.

3. UNDERSTAND WHO YOUR TENANTS ARE

The number and type of tenants that live in your property will affect how much wear and tear there is. For example, families and students may cause more than a professional couple.

You should bear in mind that you might have to cover any extra maintenance when the tenancy ends, and that this may not count as negligence on behalf of the tenant. A tenant isn’t responsible for reasonable wear and tear. That includes anything that will inevitably happen over the course of the tenancy.

You should consider and compare the condition of the property at the start and end of the tenancy when deciding whether or not to deduct any money from the deposit.

4. CONDUCT A MID-TENANCY INSPECTION

The average tenancy lasts between one and two years. During that time a lot can happen. Inspecting your property regularly and dealing with issues swiftly can save both you and your tenant time and money. It can also help you avoid a formal dispute at the end. Just remember to give your tenant at least 24 hours’ notice if you plan on making an inspection.

5. FOCUS ON A POSITIVE SOLUTION

It’s easy to think solely about what you want out of a situation, rather than the bigger picture, and that is for the most part understandable. However a positive solution is sometimes a long term one and the repercussions of your dispute may be felt further down the line.

6. HIRE A PROFESSIONAL MEDIATOR

If you have done all that you can to resolve the issue yourself, but have come up short, hiring a professional mediator could be the logical next step. Holding such unofficial negotiations with a neutral third party can help both tenant and landlord feel they are being heard without bias. The mediator will also be best placed to advise whether or not further action is necessary in order to reach a satisfactory conclusion.

This is a great way of allowing both parties in a dispute to be heard whilst at the same time preserving individual interests and a sense of privacy. It is cheaper than the litigation process, but can also run alongside it if necessary.

7.COMPROMISE

While you may at times feel as though a decision is slightly skewed in favour of your tenant, it’s important to take a look at the bigger picture before you decide to dig your heels in. Are you being stubborn for the sake of it? Will settling the dispute now be more financially viable than a long, drawn out court hearing? Is the stress of taking the dispute further going to impact your personal life?

Once you sit down and look at the situation objectively, it can often become apparent that settling now is the wise and prudent move. Even if you may feel as though you have lost the battle, it’s important to keep one eye firmly on winning the war.

8. STAY CALM

One of the biggest, and easiest, mistakes to make should a dispute arise is to take it as a personal affront. Remember that this is business and, from time to time, situations like this will occur. This doesn’t mean that your tenant has anything against you personally, so you should remain civil and calm at all times – even if they are not.

Be friendly and try to resolve any problems the tenant may have yourself before you jump straight in to court proceedings. Even if your tenant cannot control themselves, it’s vital you maintain your composure and professionality throughout the duration of the dispute.

9. SPECIALIST SOLICITOR/COURT

If all else fails and court action looks likely, hiring a specialist solicitor who regularly deals with landlord and tenancy law will be the best course of action to take. It can often be the case that contact from such a solicitor will persuade a tenant to listen to your solution once again and can result in a fair agreement for both parties being reached outside of court.

Should it go further, a specialist solicitor will be able to offer invaluable advice over your legal rights and your chances of getting the right result for you. While their services may not be cheap, such solicitors really can prove to be beneficial in such situations.

The vast majority of tenant and landlord disputes can be dealt with quickly and easily without the need to involve the courts. It is often the case that tenants have genuine grievances, but most can be sorted out quickly by the landlord if they are willing to listen and maintain an open dialogue.

The court is often the last and most expensive option when it comes to settling your dispute. As has been shown, there’s a wide range of things you can implement and a range of methods, however if you have to go to court there is a good variety of settlement advice available.