Mediation

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  • Berlingogirl
    started a topic Mediation

    Mediation

    T owes rent and a charge for letting a second person stay in his single room. T has defended the MCOL saying he doesn't owe the money because I didn't find a suitable alternative accommodation for his guest. I have agreed to go to mediation. Does mediation mean or imply that I am agreeing to compromise on the amount he owes? He said he would cause trouble for me and has .

  • jpkeates
    replied
    I agree with that.
    Always accept mediation and hope the other party doesn't.

    Leave a comment:


  • Awesomestow
    replied
    Whilst my landlord experience isn't huge I have lots of business experience, including bringing claims in the Small Claims track. I always offer to use it, the other side usually doesn't and I always feel a refusal to mediate rubs judges up the wrong way a bit. The mediation service was pretty good on the one occasion we had an opponent who agreed to it. It's phone based, and you don't speak to the other side directly, just to the mediator. He or she then puts you on hold and speaks to the other party, and tries to reach a resolution. One note of caution - it is "mediation not adjudication" - so they're essentially trying to get you to compromise. So if you both want a ruling on whether the charges are allowed, mediation won't help. If you want to avoid it all escalating further and reach a commercial settlement, it's well worth a go.

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  • Berlingogirl
    replied
    Update: the T has responded to his own request for mediation by saying he doesn't want to go to mediation. He's the only one to benefit from mediation, so now it'll either be resubmitted for mediation or go to court. I will refuse mediation if it's offered again.

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  • Berlingogirl
    replied
    Yes, I thought it was 110. I did stress to T that it was a single room, but G could rent the 5th room at a discounted rate. The local Environment Agency and Housing Team at the council were involved and were aware of the overcrowding (they were involved becasue he had maliciously accused me of forcing entry into his room and illegally evicting him, neither of which were true). T had also threatened me with the police. He was just wanting his G to stay for free - that's the long and short of it.

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  • leaseholder64
    replied
    I should have said 110 square feet.. 90 is 1.5 adults.

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  • Berlingogirl
    replied
    Originally posted by MdeB View Post

    Can you (lawfully) do that?
    I think so. The room was at a set rent for single occupancy. the money for G was a charge, not rent, so no tenancy was agreed for G. If I didn't charge for G then maybe all Ts friends and family would/could come and stay for free! I offered a service (a charge for an extra person, even though I didn't want that person there) and T accepted.

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  • Berlingogirl
    replied
    leaseholder64,

    I know. The room was probably just about 90 sq ft, but had a single bed and was let as a single room. He refused to get the guest to live somewhere else despite me offering a double room (and him accepting it at first then refusing it) and finding other suitable accommodation with other landlords and an agent. I'd issued a S8 and S21. I told him that I didn't want the G to stay and that if G stayed a nightly charge would apply. G stayed and T said he would pay for G. Having G in the house brought the total of people to 5 so I couldn't let the 5th room, and of course, the 5th person landlord charge would have applied.

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  • leaseholder64
    replied
    If this is an HMO and the room is less than whatever the metric equivalent of 90 square feet used in the HMO legislation, you would be committing a criminal offence by letting the room be used for two people.

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  • MdeB
    replied
    Originally posted by Berlingogirl View Post
    a charge for letting a second person stay in his single room.
    Can you (lawfully) do that?

    Leave a comment:


  • jpkeates
    replied
    Originally posted by Berlingogirl View Post
    As I've spent extra time and money on this waste of time, and interest is building up, can I add the extra to my claim?
    Ask the judge when you're in court.
    They'll probably allow the interest, but they don't have to.

    Leave a comment:


  • Berlingogirl
    replied
    Thank you jpkeates. He's just trying it on. I'm just taking screenshots of the texts between us where he says he'll pay for his guest.

    As I've spent extra time and money on this waste of time, and interest is building up, can I add the extra to my claim?

    I think this case will be going to court.

    Leave a comment:


  • jpkeates
    replied
    Mediation is part of the small claims process.
    It can sometimes help.

    One way it can help is that if the other side is simply trying it on, they don't show up.
    Which helps if you go in front of a judge later.

    Part of mediation is a discussion of the claim and any reason for disagreeing with it.
    If either of them are impossible to say out loud without sounding weird, mediation can bring home that realisation.

    Leave a comment:

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