Handling a dispute with a tenant isn’t right up there on my list of favourite things to do. I’ve had some weird and wacky ones and some who were trying to take the piss but mostly disputes arise because the tenant (or the landlord) didn’t understand the way a tenancy is supposed to work. Here’s 7 ways you can try to resolve a tenancy dispute faster. Effective property management is the key!
1. Avoid the tenancy dispute in the first place
Every landlord has been guilty of not following the proper processes at some point. If you’re proactive with the tenancy right from the start, you can avoid a dispute before it ever has a chance to happen. Did you check those references? Did you do a credit check? Have a pre-planned application process that you can tick off to avoid future problems.
2. Apply for a tenancy tribunal hearing early
Make an application to the tenancy tribunal as soon as you can. Tenancy Tribunal hearings can sometimes take weeks to arrange. Also, the contact details for the tenant have a limited lifetime. I remember one tenant who had already ripped off four more landlords by the time I managed to track her down. You don’t want to find yourself at the end of a queue of landlords asking for money!
3. Get your tenancy documentation organised
Make sure all your documentation is in your application, easy to read and organised. I once sat across from a defendent who had a pile of unfiled papers that she wanted to use as evidence against me. It was pitiful to watch her shuffle through it, mumbling “It’s here somewhere”. Don’t be that person! If you’re not organised, you’ll lose the respect of the adjudicator, make yourself look incompetant and immediately, you’re on the backfoot. Have a clear rental summary, current addresses for service and a full tenancy agreement.
4. Consider the tenancy mediation service
Mostly I avoid tenancy mediation as I like to think that if a tenant is being reasonable, I have already done this myself. Tenancy mediation can be a waste of time if neither of you are willing to reconsider their points of view after open communication. Having said that, if you’ve been too busy to give it your full attention, or the tenant hasn’t had the opportunity to speak with you away from other distractions, it can work really well.
5. Mediate immediately!
You don’t have to go through all the drama of an application. If you’re with your tenant, you can call 0800 TENANCY and have a chat with a Tenancy Services adviser right there and then. For goodness sake, make sure that you’re confident that you’re doing the right thing as a landlord before doing this or you can make yourself look like a real idiot.
6. Show original documents
Some people will try anything and it’s not uncommon for a tenant to start claiming all sorts of things. When all the evidence is photocopied, the tenant (who often has no records to show at all) may claim that wasn’t the tenancy agreement they signed, insinuating that the copy was altered. Soemtimes this may be a ploy but often it’s just a poor memory. If you bring your original documents with you, it will remove this issue. Ironically, as I was writing this, a tenant of mine called and tried to end her one year fixed-term tenancy agreement 8 months early. I was able to check my original agreement and explain how that works!
7. Keep tenancy services informed
Often a dispute will be resolved before the tribunal hearing date comes around. Most people are loathe to turn up in a courtroom and defend themselves, especially if they know they’re in the wrong. If your dispute works itself out, save yourself a court date and cancel the hearing.
