Rentals Arrangements and the Law



Mediation
Mediation is usually the second step of dispute resolution. The first step is talking to your landlord. If the first step is unsuccessful then you as a landlord, or the tenant, can apply to the tenancy tribunal for mediation. Mediation is where an impartial person helps the two parties to come to a solution that they are happy with.

The mediator is not able to make a decision for the parties, they can only help and encourage the parties to reach an agreement. If the parties at mediation cannot agree upon a decision then the case can go to the Tenancy Tribunal for a hearing.


Tenancy Tribunal
The Tenancy Tribunal is a special court set up to deal with unresolved problems between landlords and tenants. This happens where they have been able to reach a decision themselves. The Tribunal normally only comes after mediation between the parties has been attempted and proved unsuccessful. What happens is that an adjudicator will oversee the case within the tribunal and then make a decision which will be binding on both parties.


Lease Agreement
A lease is a contract between the landlord and the tenant. The lease can be a written document or an oral agreement. For everyone’s protection it is generally the best option to formalise a lease agreement in writing. The lease should include certain provisions.

For example:

  • General provisions.
  • Legal descriptions.
  • Security deposit.
  • Maintenance.
  • Remodelling and improvements.
  • Access to premises.
  • Sub let procedures.
  • Late payments.
  • Disclosure.