A pilot, which allowed tenants and landlords to access a free independent mediation service during the landlord possession process, resulted in just 0.73% of potential referrals between February to October, 2021.

The Rental Mediation Service, a joint pilot project  between the Ministry of Justice (MoJ) and the Department for Levelling Up Housing and Communities (DLUHC), was created in the County Court service to resolve disputes, sustain tendencies, and reduce pressure on the courts.

The pilot was set up in response to the Covid-19 pandemic and was operational between February and October 2021. There were only 22 referrals made out of an estimated 3,000 potential cases during the nine-month period, indicating a lack of awareness and communication of the scheme by Duty Advisors in the County Court. Of these 22 referrals, only nine went through to the Rental Mediation Service.

The general consensus of participants in the pilot, referenced in the Rental Mediation Service Pilot: Post Implementation Review, discusses how mediation was offered too late in the possession process. It was offered after relations between tenant and landlord had fully broken down, and the case had already progressed to the court stage.

Participants also reported tenants did not have specialist legal advice during mediation making it confusing and overwhelming for all parties involved.

Propertymark believes there is a missed opportunity to include Local Authority housing and homelessness departments in the referral process, who are usually in contact with tenants at a much earlier stage and may be able to deliver guidance and signposting to the scheme.

Mediation needs to be implemented at an earlier stage, as it could delay  possession proceedings and  cause more issues from tenants.

If effectively implemented, the Rental Mediation Service would also be beneficial for landlords not wanting to lose good tenants, who are happy to engage in order to  resolve  disputes.

Propertymark’s head of policy and campaigns, Timothy Douglas, said: “The UK government’s PRS White Paper includes proposals for mediation to be used as a tool to resolve renting issues and despite the pilot receiving an extremely low number of referrals, we believe that mediation should still form an important part of reforms to eviction rules and dispute resolution going forward.

“What’s key is that decision makers recognise that the timing of mediation is vital, and it is utilised early before relations between landlords and tenants have broken down.

“Propertymark’s The Future of Renting position paper sets out action across ten areas, which we believe can help enhance dispute resolution and improve the possession process. These include communication and reporting, negotiation, and conciliation, complaints, escalated complaints, mediation and mandatory pre-action consideration of alternative dispute resolution.”