Mediation

Mediation is a structured process in which a neutral, trained third party, the mediator, helps a landlord and tenant work through a dispute and, if possible, reach an agreed resolution. The mediator does not take sides, impose a decision, or give legal advice. Their role is to facilitate communication: helping both parties set out their position, understand the other's concerns, and explore options that neither side may have considered alone. Unlike a court hearing or tribunal adjudication, mediation is voluntary, confidential, and led by the parties rather than directed by the mediator. GOV.UK guidance on residential property disputes sets out the main alternatives to court available to landlords and tenants in England.

Mediation sits within the broader category of alternative dispute resolution (ADR), which covers all forms of dispute resolution outside formal court or tribunal proceedings, including arbitration and ombudsman adjudication.

What disputes can mediation address?

Mediation is most frequently used before or alongside formal proceedings, particularly in rent arrears cases where both parties have an interest in reaching a repayment arrangement without the cost and delay of court. It is also used for disputes over repair access and responsibilities, noise and anti-social behaviour, breaches of tenancy terms, end-of-tenancy cleaning standards, and, in some cases, deposit deductions, though deposit disputes are more commonly handled through the free alternative dispute resolution service provided by the three government-approved tenancy deposit schemes.

Who provides mediation in England?

Several services offer mediation specifically for landlords and tenants in the private rented sector in England. TDS Resolution, a joint service from the Tenancy Deposit Scheme and the NRLA, provides telephone mediation for mid-tenancy disputes including rent arrears and access disagreements. Property Redress (trading as PRS Mediation) offers a similar service. Both aim to reach resolution within ten working days and the initial contact stage is typically free of charge. If the tenant agrees to participate, both services use fully accredited mediators to facilitate a practical agreement.

HMCTS also operates a free mediation service as part of housing possession court proceedings — where a possession claim has already been issued, cases may be referred to mediation at the review stage before a full hearing, giving both sides a final opportunity to agree terms without going before a judge.

How the mediation process works

Either party — landlord or tenant — can initiate mediation by contacting a mediation service. The mediator contacts both sides, establishes the key issues, and facilitates a conversation, usually by telephone, though face-to-face and online formats are also available. Sessions are confidential; neither party's statements in mediation can generally be used as evidence if the dispute later proceeds to court. If agreement is reached, it is recorded in a written settlement. While a mediation agreement is not automatically a court order, it is a binding contract between the parties, and a breach can be enforced through the courts.

Landlords who keep thorough records in August, rent payment history, maintenance requests, and written communications, are in a stronger position going into any mediation, because the mediator will ask both sides to set out their version of events with supporting evidence.

The PRS Ombudsman and mediation

Under the Renters' Rights Act 2025, a new Private Rented Sector Ombudsman will eventually be compulsory for all private landlords in England. Mediation is expected to be one of the tools through which the Ombudsman resolves complaints before they escalate to a formal investigation or binding decision. The PRS Ombudsman forms part of Phase 2 of the RRA 2025 implementation roadmap. Phase 1 came into force on 1 May 2026; Phase 2, covering the PRS Database and the Ombudsman, is expected from late 2026, with mandatory landlord membership likely to follow in 2027 or 2028 once the scheme is operational. The government has confirmed that only tenants will be able to bring complaints to the Ombudsman, but the service will also provide landlords with tools and guidance for handling complaints at an early stage.

The limits of mediation

Mediation is most useful where both parties are willing to engage and where there is room for a negotiated solution. It is not appropriate, and should not be relied upon, where a tenant needs urgent court action to stop unlawful eviction or harassment, where there are serious safety hazards requiring immediate enforcement, or where one party is clearly unwilling to participate in good faith. In those cases, the First-tier Tribunal (Property Chamber) or the county court is the appropriate route. Attempting mediation does not waive either party's right to pursue formal proceedings, and a failed mediation can sometimes be relevant context in subsequent legal action.

For a practical guide to handling deposit disputes fairly, including how to use the deposit scheme's ADR service and what evidence supports or weakens a deduction, see our guide to handling tenancy deposit disputes.

Frequently asked questions

Is landlord-tenant mediation free?

It depends on the service and the dispute type. HMCTS's mediation service in possession proceedings is free. TDS Resolution and Property Redress both offer a free initial stage, where they contact the tenant to invite participation. If the tenant agrees and mediation proceeds, there may be a modest charge. Deposit dispute resolution through the government-approved tenancy deposit schemes is free for both parties as a statutory adjudication service, though that is ADR adjudication rather than mediation.

Is a mediation agreement legally binding?

A mediation agreement is a contract between the parties. It does not automatically have the force of a court order, but it is legally enforceable as a contract, if one party fails to comply, the other can apply to the court for enforcement. Some services will draw up the settlement in a form that makes it easier to enforce if needed. Where mediation takes place as part of HMCTS's court-linked process, agreements can be made into a court order by consent.

Does mediation stop the landlord from going to court?

No. Choosing to attempt mediation does not waive either party's right to pursue court or tribunal proceedings, and mediation is entirely voluntary. If mediation fails or the other party refuses to engage, the landlord or tenant retains all their usual legal rights and the dispute can proceed through the courts or the First-tier Tribunal as normal. Pre-action protocols for housing possession cases recommend attempting to resolve matters before issuing proceedings, and evidence of a mediation attempt can demonstrate good faith.