Mediation in the post-RRA 2025 landscape
- The Renters' Rights Act 2025 introduces a mandatory Private Rented Sector Ombudsman scheme — all landlords letting residential property in England will be required to be members. The Ombudsman can investigate complaints and award compensation up to £25,000
- Mediation is a voluntary process where a neutral third party facilitates a negotiated resolution between landlord and tenant. It is faster, cheaper, and less adversarial than court proceedings
- Common disputes suitable for mediation: rent arrears repayment plans, deposit disputes (alternative to deposit scheme adjudication), disrepair claims, and end-of-tenancy disputes about deductions
- Pre-action requirement: the Ministry of Justice has piloted mandatory mediation in some possession cases. Landlords and tenants are expected to consider mediation before issuing possession proceedings — and courts may require evidence of attempts to resolve disputes before a hearing
- Cost: many housing mediation services offer fixed-fee sessions (typically £150–£400 per party for a half-day session). This compares favourably with the cost of county court proceedings
The Private Rented Sector Ombudsman — what landlords need to know
- The PRS Ombudsman scheme will be mandatory for all private landlords in England — landlords must register and pay an annual membership fee. The exact fee and registration requirements were being developed as of mid-2026
- Tenants can complain to the Ombudsman if they believe the landlord has not met their obligations — including failures to carry out repairs, failure to protect deposits, or unfair treatment. The Ombudsman can investigate complaints and award compensation
- Landlord obligations: respond to Ombudsman investigations promptly and in good faith. Failure to engage with an Ombudsman investigation can result in adverse findings and higher compensation awards
- Remedies available to the Ombudsman: apology and explanation, specific actions (e.g. carrying out repairs), financial compensation up to £25,000, reimbursement of costs
- Registration: the Ombudsman register will be public — tenants will be able to check whether a landlord is registered. Operating without Ombudsman membership once mandatory registration is in force will be a civil offence
When to use mediation — practical scenarios
- Rent arrears: mediation can establish a realistic repayment plan, avoiding the cost and delay of possession proceedings. A mediated agreement is usually more durable than a court-imposed suspended possession order
- Disrepair: mediation can agree a schedule of works and timeline, avoiding a disrepair claim in the county court or a counterclaim in possession proceedings
- End-of-tenancy disputes: mediation is an alternative to deposit scheme adjudication for disputes where the tenancy has ended and both parties dispute deductions. Suitable where the deposit scheme's adjudication timeline is too slow or the dispute is complex
- Antisocial behaviour: mediation can be effective where the issue is a neighbour dispute involving the tenant and a third party — the landlord, tenant, and neighbour can agree conduct expectations without involving the court
- Lease renewal or rent increase disputes: mediation can facilitate agreement on rent levels or lease terms, avoiding a Section 13 tribunal referral or possession proceedings
How landlord-tenant mediation works
- Both parties must agree to participate — mediation is voluntary. Either party can withdraw at any time
- The mediator is neutral — they do not decide the outcome. Their role is to facilitate communication and help the parties reach an agreement they can both accept
- Format: typically a half-day or full-day session, either in person or via video conference. The mediator usually meets each party separately (caucus) and then brings the parties together
- Without prejudice: statements made in mediation are without prejudice — they cannot be used as evidence in subsequent court proceedings. This allows frank discussion of positions
- Binding agreement: if mediation succeeds, the parties sign a binding settlement agreement. The agreement can be filed at court if needed to make it enforceable
Finding a housing mediation service
- National mediation helpline: the Ministry of Justice maintains a list of accredited mediators. Many local councils also operate or signpost housing mediation services
- RICS: the Royal Institution of Chartered Surveyors provides arbitration and mediation services for rent and service charge disputes
- Community mediation services: many areas have community mediation services that handle neighbour and tenancy disputes at low or no cost — particularly suitable for antisocial behaviour disputes
- Private sector housing mediation providers: specialist housing mediation firms operate nationally with fixed-fee services for landlord-tenant disputes
- MHCLG guidance: the Ministry of Housing, Communities and Local Government has published guidance on mediation in the context of the PRS Ombudsman scheme — check gov.uk for the most current guidance