ADR in Landlord-Tenant Disputes

By Veronika Válová

Renting a house or an apartment is beneficial for both landlord and tenant, however there might be issues arising from the contract or use of the property itself. Disputes between landlord and tenants can take many forms such as repair issues, non-payment of rent, property maintenance, cleanliness, interests and taxes or potential eviction. Let's have a closer look at rights and obligations of both parties and possible dispute resolution options parties have in terms of disagreement.

Rental agreement or in other words contract should inform both parties of rights and obligations they have, which can help to avoid frustration and save money. Landlords have the responsibility to make sure the property is safe and well maintained, including hot water, heating or electricity. On the other hand, the tenant has the responsibility to keep the property clean and in good condition and pay rent. When resolving a dispute with a landlord or tenant, a rental agreement has to be evaluated while protecting the interests of both sides in accordance with law.

One of the examples of use of ADR in landlord-tenant disputes can be seen in British Columbia jurisdiction. Alternative dispute resolution methods are used to replace court litigation as well as support court in certain stages of the proceedings.[1] Judges have a formal approach to the problem giving little opportunity for parties to express themselves and do not participate in investigation. Therefore, ADR is preferable as parties participate actively in the drafting of the outcome and proceedings stay on a less formal level. [2]

In the US, The Greensboro Landlord Tenant Dispute Program (GLTDP) was launched focusing on issues arising from rental agreements. The goal of creation of such a programme was to resolve disputes between parties using negotiations or mediation but as well to educate the public about housing and rights of the landlord and tenants under North Carolina Landlord-Tenant Laws[3]. Research included local government, effective community engagement and resources, which had very positive feedback and opened up to public discussions regarding housing. [4]

The United Kingdom has a Housing and Property Chamber, which deals with issues regarding rental agreements. The Chamber has various tribunals located in England, Scotland and Wales and both landlord and tenant can submit the dispute to this tribunal. There is another option used, that is less time consuming and cheaper than court ADR services. Alternative dispute resolution is not mandatory and both parties must agree in participation.[5]Claims submitted to ADR departments are deposit, damage and non-compliance with rental agreement related.

Dutch Rent tribunal is an independent governmental institution covering disputes between landlord and the tenant using ADR techniques to resolve the issue. Judgement is binding for both parties involved and in case of disagreement with the outcome, a person can appeal to the Dutch court. Tribunal covers topics such as annual billing of the service costs, annual increase in rental fees, maintenance of the property and other.[6]

In conclusion, landlord-tenant disputes are very personal and need to be solved fast. Various jurisdictions across the world implemented ADR in their practice in part or as replacement to court litigation for its benefits. Different programs are created over the years and the public is getting educated regarding the housing rights and obligations for the tenants and landlords.

[1] OSCOLA 4th ed. Karl J Dore, 'The Rentalsman as an Altenative to the Courts in Landlord and Tenant Dispute Resolution' (1988) 37 UNBLJ 146, p.147

[2] Karl J Dore, 'The Rentalsman as an Altenative to the Courts in Landlord and Tenant Dispute Resolution' (1988) 37 UNBLJ 146, p.145

[3] Greensboro website, <https://www.greensboro-nc.gov/departments/human-rights/fair-housing/landlord-tenant-dispute-program>, accessed 20 august 2021

[4] Sherrill W Hayes and Jessica Roberts and Robert Nunn and Cathie Witty, 'The Greensboro Landlord Tenant Dispute Program: Developing and Sustaining a Responsive Dispute Resolution Program' (2012) 2 Resolved: J Alternative Disp Resol [i]

[5] Private renting, website < Private renting: Rent disputes - GOV.UK (www.gov.uk)> accessed 20 august 2021

[6] Rent tribunal, dutch student union website < Dutch Student Union | Rent tribunal> accessed 20 august 2021