The abolition of Section 21 means that landlords can no longer serve a no-fault notice and rely on the accelerated procedure to recover possession quickly. Every possession action now requires a court hearing, a proven Section 8 ground, and a wait of 4–8 months from first notice to eviction. In this environment, resolving disputes before they reach the possession stage — or finding a negotiated exit — is more valuable than ever.
Many landlord-tenant disputes that would previously have been resolved by serving Section 21 (ending the tenancy without addressing the underlying issue) now need to be addressed directly. Mediation, the PRS Ombudsman, and negotiated surrender are the main non-court tools available.
Types of landlord-tenant disputes and the best resolution route
Different disputes suit different resolution approaches:
- Repair disputes: Best resolved through direct communication and documented action — failing that, through the PRS Ombudsman or Environmental Health (council HHSRS inspection)
- Deposit disputes: Deposit scheme adjudication is the standard route — free, fast (28 days), and binding
- Rent arrears: DWP managed payment for UC tenants, rent guarantee insurance claim, direct negotiation on a repayment plan — escalate to Section 8 if arrears persist
- Nuisance or ASB: Direct written warning to tenant, mediation with neighbours, referral to council antisocial behaviour team — Ground 14 available for Section 8 if behaviour continues
- Access disputes: Formal written notice of inspection rights, mediation — court access order as a last resort
- End-of-tenancy disputes: Deposit adjudication for deduction disputes; court money claim for losses exceeding the deposit
Mediation — how it works
Mediation is a voluntary, confidential process facilitated by an independent mediator:
- The mediator does not decide the outcome — they help both parties reach a negotiated agreement
- Confidential: nothing said in mediation can be used as evidence in court if the mediation fails
- Cost: typically £200–£600 per session (often split between the parties) — significantly cheaper than court proceedings
- Find a mediator: the Civil Mediation Council (civilmediation.org) maintains a register of accredited mediators
- Some local authorities and housing associations offer free or subsidised landlord-tenant mediation — check with your local council
- Most effective for: repair disputes, access disputes, end-of-tenancy disagreements, and disputes where both parties want to preserve or amicably end the relationship
Deposit adjudication — the standard route for deposit disputes
All three government-authorised deposit schemes offer free adjudication:
- Free for both parties — funded by the deposit scheme
- Faster than court — typically resolved within 28 days of both parties submitting evidence
- The adjudicator reviews documents and photographs — they do not inspect the property in person
- Decisions are binding on both parties (subject to appeal on a point of law only)
- Prepare a strong evidence file: check-in inventory with dated photographs, check-out report, contractor invoices or quotes, rent account statement
- Evidence tip: a check-in inventory signed by the tenant (or emailed to the tenant immediately after move-in) is the single most important piece of evidence in any deposit dispute
Negotiated surrender — the fastest route out
A mutual agreement to end the tenancy eliminates the need for Section 8 proceedings entirely:
- A Deed of Surrender is a written agreement signed by both landlord and tenant to end the tenancy on a specified date — both parties give up their remaining rights under the tenancy
- Must be in writing and signed by both parties — a verbal agreement to leave is not sufficient for a statutory periodic tenancy
- Incentivise the surrender: offering 1–2 months' rent, waiving outstanding minor arrears, or covering removal costs is often cheaper than the full Section 8 process
- Cash-for-keys: the landlord offers a financial payment in exchange for the tenant vacating by a specified date — typically used where the tenant is struggling to find alternative accommodation
- Keep the signed Deed of Surrender — if the tenant changes their mind, it is binding evidence of the agreement
- Once the surrender is complete and the keys are returned, change the locks immediately
The PRS Ombudsman — managing tenant complaints formally
The new mandatory PRS Ombudsman scheme (under the Renters' Rights Act 2025) will handle tenant complaints about landlord conduct:
- The tenant must first raise the complaint with the landlord and allow up to 8 weeks for a response before escalating
- Use the 8-week window to investigate, respond in writing, and propose a resolution — this dramatically reduces the chance of an adverse ombudsman determination
- If the complaint proceeds to the ombudsman, respond promptly and provide all relevant documentation
- Maintain a formal complaints procedure — even a simple written process reduces ombudsman referrals and demonstrates good faith
- A landlord who acknowledges valid complaints and proposes reasonable remedies before the ombudsman investigates is in a much stronger position than one who ignores or dismisses complaints
Frequently asked questions
Is mediation legally binding?+
Mediation itself is not binding — the mediator facilitates discussion but cannot impose a decision. However, if both parties reach an agreement during mediation, that agreement can be recorded in a written settlement contract which is legally binding. If a party breaches the settlement contract, the other party can enforce it through the courts. Always formalise any mediated agreement in writing and have both parties sign it.
What is a Deed of Surrender and how do I use it?+
A Deed of Surrender is a formal written document signed by both the landlord and the tenant that brings the tenancy to an end by mutual agreement. It should specify: the tenancy being surrendered, the agreed surrender date, any financial terms (e.g. a payment to the tenant, waiver of arrears), and the return of keys. Both parties must sign. Once signed and the keys returned, the tenancy is legally ended — no Section 8 notice or court order is required. Keep the signed deed indefinitely as evidence.
Can I offer cash to a tenant to leave (cash-for-keys)?+
Yes — offering a cash incentive for the tenant to vacate voluntarily (commonly called 'cash-for-keys') is lawful. It is a commercially negotiated agreement between consenting parties. The amount is typically 1–3 months' rent, depending on the tenant's situation and the landlord's cost-benefit calculation against Section 8 proceedings. Formalise the agreement with a signed Deed of Surrender specifying the payment terms and the vacating date — do not pay cash in advance without a signed document.
When is mediation not appropriate?+
Mediation is not appropriate where: possession is essential and the tenant refuses any compromise; the dispute involves fraud, criminality, or domestic violence; the tenant is not engaging in good faith; or the matter requires a court order (e.g. a warrant of possession, an injunction for emergency access). In those cases, proceed directly to Section 8 or seek legal advice. Mediation also requires both parties to voluntarily participate — you cannot compel a tenant to mediate.