There are ways of resolving disputes without having to go to Court or Tribunal.
Mediation
Mediation gives you and your landlord an opportunity to discuss the problem and work out a solution in an informal setting.
A mediator is an impartial third party who can help you both to clarify the issues, to communicate with each other and to try to reach an amicable agreement.
Mediation can provide a quick, cheap, informal and confidential means of settling a dispute.
Early neutral evaluation
In early neutral evaluation (ENE), an independent expert assesses the issues in dispute and gives an opinion on the merits of each side’s arguments.
Unlike in arbitration, the opinion is not legally binding, but it gives you an unbiased evaluation of the relative strengths of your cases and what might happen if you take the matter to the First-tier Tribunal (Property Chamber) in England, or the Leasehold Valuation Tribunal in Wales.
As such, ENE can be a basis for further negotiations, avoiding the time, expense and anxiety caused by unnecessary legal action.
Arbitration
Although arbitration is not carried out by a Tribunal or court, the decision of an arbitrator is final and legally binding with minor exceptions. It can be similar to legal proceedings with the presentation of evidence and documents according to the arbitrator’s rules. Unlike in most court cases, the result can stay confidential.
Some leases demand arbitration to decide issues such as service charge disputes, but you could agree to arbitration with your landlord on any dispute.
You can agree the arbitrator between you, or ask a professional body, such as the Law Society or the Royal Institution of Chartered Surveyors to make a recommendation.
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