Just when it appeared that things couldn't get much worse, we have had a stark warning from Andrew Todd, a litigation partner at Eversheds, who believes that the back log of Tenancy disputes caused by the massive, damaging effects of Coronavirus throughout the economy could lead to anything up to 18 month delays with disputes getting to court.
With that in mind, as a landlord, it will be beneficial to look at different means for resolving disputes, as if they are successful, they will undoubtedly be quicker and reduce potential losses.
“No judge will look favourably on counter-parties bringing claims that could have been resolved through common sense, or failing that, that could have utilised an alternative dispute resolution mechanism available” he says.
Damage limitation really is the name of the game, and while there are various alternative methods of dispute resolution through independent arbitration services, having a frank and straight forward discussion with your tenant with the aim of gaining a common understanding may be the most advantageous approach.
For many people, taking this direct line may not be what comes naturally, but you may be surprised how quickly this approach can turn around a situation, sometimes even requiring financial incentives to get the right outcome. Although this approach can often smart, if you end up getting vacant possession, it will probably have been worth it.
Our experience these days, more than ever, is that due diligence and referencing is paying off. Those tenants who are essentially trustworthy, will give their best endeavours to honour their agreement and we can work with them to get through this difficult time. Meanwhile others less scrupulous are quick to take the opportunity to avoid their obligations and commitments. Never before has rent insurance been more reassuring!