Self-Resolution

Sorting out a problem can lead to a less stressful and a more positive relationship in a tenancy. If an issue arises between a landlord, tenant or neighbour then efforts should be made to resolve the issues between themselves. 

It is important for everyone to understand their rights and responsibilities. For example, landlords must be available to carry out repairs and tenants must allow the landlord to facilitate repairs and inspections. Communication is key and discussing concerns at the beginning can lead to a positive tenancy. 

If you are landlord, tenant or are a third party in dispute, who cannot resolve any issues themselves, there are options available to resolve the dispute within the RTB.  

Disputes types

There are many types of disputes that can arise over the duration of a tenancy. The most common disputes brought to the RTB are:

  • validity of a Notice of Termination;
  • unlawful termination of tenancy; 
  • rent arrears; 
  • deposit retention;
  • and rent arrears with overholding.

Other dispute types include: 

  • anti-social behaviour; 
  • breach of fixed term lease; 
  • breach of landlord/ tenant obligations;
  • damage in access of normal tear and wear; 
  • when the rent is more than the market rate;
  • rent review not in line with Rent Pressure Zone;
  • and standard and maintenance of dwelling. 

Mediation

The mediator acts as a neutral facilitator and supports each party throughout the process, explaining each step of the process whilst informing parties on their rights and responsibilities.  

If neither party withdraws from the agreement reached during mediation in the 10 days 'cooling off’ appeal period, the agreement will form the basis for a binding Determination Order. This gives the outcome of a case and sets out the terms to be complied with and timescale for compliance.

Mediation is entirely confidential to the parties and the outcome of your case will not be published on the RTB website. 

As a result, most disputes are resolved quickly . The mediation process is not based on examining evidence or determining who is right or wrong, but rather how parties can resolve the issue by working together. 

Helpful Questions and Answers

If there are multiple applicants on your application, please nominate one person to be the point of contact for the mediator to contact on the day of your mediation. 

The mediations are on Monday – Friday at 10am, 11:30am and 14:15pm. If you have certain days/times that you are unavailable, please notify the RTB immediately and we will try our best to accommodate you. 

If your personal details change, please inform the RTB immediately.

Mediation is not an evidence-based process.

Case parties should solely submit a ‘Position Statement’ and any key documents which are relevant to the case to outline the issues that are important to you.

Evidence is not circulated to the other side prior to the telephone mediation hearing date.

You should ensure that any personal data and confidential information is blocked out/redacted. 

Please click here to download a position statement

The RTB encourages all parties to a mediation to fill out and return the ‘Mediation Position Statement’ which you will receive. This document will never be shown to the other party. By filling out this document the mediator can begin to understand what is important to you and can use the time allocated to focus on a mutually acceptable solution.

On the day of your mediation both parties are contacted individually by telephone and, through a series of calls over a period generally lasting no more than 1.5 hours, the mediator facilitates the parties in coming to an agreed resolution.

You will not have to speak with the other party to the dispute.

The time and date for your telephone mediation will be issued by post and/or email. 

If either party in a mediation are not satisfied with the outcome, whether it be an agreement or no agreement, they may request in writing a referral to a Tenancy Tribunal. 

If there is no appeal from any of the parties within this timeframe, then the RTB will proceed to make a Determination Order encompassing the agreed terms. 

If no agreement was reached and no referral to Tribunal is made, then the case is considered closed. 

An appeal application must be submitted within 10 days. You can find the application here.

More information on Tribunals can be found here

RTB s109 Dispute Resolution Procedural Rules

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