The post-RRA 2025 landscape has made dispute resolution more important than ever. With Section 21 abolished and possession proceedings taking 4–18 months, resolving disputes early through negotiation or mediation is now even more cost-effective than it was previously. A mediated repayment plan with an arrears tenant can avoid a possession claim entirely.
Mediation is not a sign of weakness — it is a commercially rational response to the cost and uncertainty of court proceedings. Courts are increasingly directing parties to consider mediation before a hearing, and failure to attempt mediation can be relevant to costs orders in some cases.
The Private Rented Sector Ombudsman — landlord obligations
Mandatory PRS Ombudsman membership is a new compliance obligation for all landlords:
- The PRS Ombudsman scheme under the Renters' Rights Act 2025 requires all private landlords in England to register as members. Tenants can complain to the Ombudsman if the landlord has failed to meet their obligations
- The Ombudsman can: require an apology or explanation, require specific actions (e.g. carrying out repairs), and award financial compensation up to £25,000. Compensation awards are binding on registered landlords
- Landlord obligation: respond to Ombudsman investigations promptly and in good faith. Failure to engage can result in adverse findings and higher awards
- Registration: the Ombudsman register will be public — tenants can check whether a landlord is registered. Operating without Ombudsman membership once mandatory registration is in force carries civil penalties
- Annual fee: the exact membership fee was being developed as of mid-2026. Monitor gov.uk and the MHCLG website for confirmed fee levels and registration requirements
When mediation is appropriate
These are the common landlord-tenant disputes where mediation typically adds most value:
- Rent arrears: mediation can establish a realistic repayment plan, avoiding possession proceedings. A mediated agreement is usually more sustainable than a court-imposed suspended possession order, which the tenant often breaches
- Disrepair: mediation can agree a schedule of works and timeline — avoiding a disrepair claim in the county court or a counterclaim in possession proceedings. Early resolution of disrepair disputes also prevents escalation to Awaab's Law enforcement
- End-of-tenancy deposit disputes: mediation is an alternative to deposit scheme adjudication where the tenancy has ended and both parties dispute deductions. Suitable where the dispute is complex or the deposit scheme timeline is too slow
- Anti-social behaviour: mediation between a tenant and their neighbours (with the landlord facilitating) can resolve conduct disputes without involving the court or triggering a Section 8 possession claim on Ground 14
- Rent increase disputes: mediation can facilitate agreement on a Section 13 rent increase, avoiding a tenant referral to the First-tier Tribunal for a determination of the market rent
How landlord-tenant mediation works
Understanding the process helps landlords use it effectively:
- Voluntary participation: both parties must agree to mediate. Either party can withdraw at any time. A mediator cannot impose a settlement — they facilitate negotiation
- Neutral mediator: the mediator is impartial. Their role is to help the parties communicate and reach an agreement they can both accept — not to judge who is right
- Format: typically a half-day or full-day session via video conference or in person. The mediator usually meets each party separately (caucus) before bringing them together
- Without prejudice: statements in mediation are without prejudice — they cannot be used as evidence in court if mediation fails. This allows frank discussion of positions and genuine settlement offers
- Binding agreement: if mediation succeeds, the parties sign a settlement agreement. The agreement can be made into a court consent order if needed to make it formally enforceable
Finding a housing mediation service
Several routes are available to find a suitable housing mediator:
- Ministry of Justice Civil Mediation Council: maintains a directory of accredited mediators, searchable by location and specialism. Many have specific housing and landlord-tenant experience
- RICS Dispute Resolution Service: provides arbitration and mediation for rent and service charge disputes under property contracts
- Community mediation services: many local areas have community mediation services that handle neighbour and tenancy disputes at low or no cost — particularly suitable for anti-social behaviour and neighbour disputes
- Private sector housing mediation: specialist housing mediation firms operate nationally with fixed-fee services for landlord-tenant disputes. Some offer online/video sessions
- Local council: some councils refer landlords and tenants to housing mediation services as part of their housing support function — particularly for cases that might otherwise require council intervention
Mediation vs court proceedings — a cost comparison
The cost advantage of mediation is substantial compared to county court possession proceedings:
- Mediation cost: typically £150–£400 per party for a half-day session. Full-day sessions cost more. Compare this to county court possession costs
- County court costs for a straightforward possession claim: court fee £391 + solicitor costs £1,000–£3,000 for an uncontested case. A contested case with a disrepair counterclaim: £5,000–£20,000+ in legal fees
- Time savings: a mediated resolution in a rent arrears case can be achieved in 2–4 weeks. The equivalent county court process takes 4–8 months minimum
- Relationship preservation: a negotiated settlement is less adversarial than court proceedings — more likely to result in the tenant continuing the tenancy on agreed terms rather than a contested eviction
- Enforcement: a mediated settlement agreement can be made into a court consent order (at minimal cost) making it as enforceable as a court judgment — without going through the full court process
Frequently asked questions
Is mediation mandatory before issuing possession proceedings?+
Not universally — but courts increasingly expect parties to have considered mediation before a hearing, and the Ministry of Justice has piloted mandatory mediation in some possession cases. Failure to attempt mediation (or to explain why it was not appropriate) can be relevant to costs orders. For most landlords, attempting mediation before court is commercially rational regardless of whether it is formally required — it costs less and resolves disputes faster.
What if the tenant refuses to mediate?+
You cannot force a tenant to mediate — participation is voluntary. If the tenant refuses, document the refusal in writing. This can be relevant if costs are later awarded in court proceedings (a court may take into account an unreasonable refusal to mediate when deciding costs). If mediation fails or is refused, proceed with the appropriate legal route — Section 8 possession proceedings for arrears, or Ombudsman complaint for service failures.
Can the deposit scheme adjudication process be replaced by mediation?+
Yes — where a tenancy has ended and there is a dispute about deposit deductions, the parties can choose mediation instead of (or before) the deposit scheme's adjudication process. Mediation may be preferable where the dispute is complex, where both parties want a negotiated outcome rather than an adjudicator's decision, or where the scheme's adjudication timeline is inconvenient. If mediation fails, the deposit remains protected in the scheme and can proceed to adjudication.
Do I need to be a member of the PRS Ombudsman to let a property?+
Yes — once mandatory membership is in force under the Renters' Rights Act 2025, all private landlords in England must be registered. Operating without membership will be a civil offence. The MHCLG is expected to publish confirmed registration dates and fees in 2026 — monitor gov.uk for updates. Self-managing landlords must register directly; landlords using agents may be able to register via their agent's scheme membership, depending on the scheme rules.