What are the benefits of Mediation attempts with a Tenant?
If a Tenant doesn’t engage or respond to a Mediation attempt a letter can be sent. You can use the very polite and engaging letter sent by POSSESSION FRIEND against a Tenant. Subsequently allowing them an opportunity to resolve the dispute without a court process.
Courts aren’t happy with claimants or defendants who are offered Mediation but don’t take advantage of, at least trying it. Courts see this as an immediate recourse to litigation and a potential waste of the Court’s time.
Why Mediation can work, or work better by a third party. Often Landlords will have a good rapport with their tenants and be effective negotiators.
However, those scenarios usually do not end in Possession proceedings. In such circumstances, a third party such as Possession Friend can be effective because there is no ‘involvement’ like there is with the Landlord. We can often offer advice and help to the tenant such as Housing options with the Local Authority.
In fact, where there is a money claim, either for rent or damages – dilapidations, the refusal to engage in mediation can be seen by the courts as ‘Unreasonable’. This can impact negatively on court costs awarded against the party who refuses to negotiate – engage in mediation. See ‘PGF II SA v OMFS Company 1 Limited [ 2013 ] EWCA Civ 1288’.
Sometimes Mediation can work because relationships with a Landlord have broken down for whatever reason and a third party may be able to secure an acceptable outcome to both parties. We have known of cases where Landlords have used this to their overall advantage. Further discussion of this strategy upon Enquiry.
If POSSESSION FRIEND can gain an early success by using this strategy, it will eliminate the time and cost of court proceedings.