Article Synopsis
This article explores the various stages of property dispute resolution in the UK, from informal negotiations to court proceedings. It explains why so few disputes reach the courts and outlines the different methods of Alternative Dispute Resolution. It also highlights how Maunder Taylor can assist at every stage of the process.
This article is an estimated three- to four-minute read.
Property disputes are a common occurrence in the UK, with millions of disagreements arising each year, particularly between neighbours. However, only a small fraction of these disputes ever ends up in a courtroom.
This is because the UK has a structured property dispute resolution system designed to resolve issues efficiently and cost-effectively, with court proceedings seen as a last resort. For anyone in need of advice, understanding this system is crucial.
Property Dispute Advice in Potters Bar from Maunder Taylor
Maunder Taylor can offer expert advice on all aspects of property dispute resolution. We can help you navigate the complexities of the system and find the best solution for your specific circumstances. Contact us today for a consultation.
Stage One – Informal Resolution and Negotiation
The first and often most effective method of resolving a property dispute is through informal resolution and negotiation. This simply involves communicating with the other party to try and reach a mutually agreeable solution.
This approach is commonly used in boundary disputes between neighbours or landlord-tenant disputes, such as those concerning rent arrears or repairs and maintenance. Informal resolution is low-cost, and allows parties to maintain control over the outcome, preserving ongoing relationships.
Stage Two – Alternative Dispute Resolution
If informal negotiations fail, the next step is Alternative Dispute Resolution (ADR). ADR is a range of processes that can be used to resolve disputes without the need for formal court proceedings. The main types of ADR are:
- Mediation: A neutral third party or mediator helps the parties to reach their own agreement. The mediator does not make a decision but facilitates the negotiation. Mediation is a flexible and confidential process, and any agreement reached is only binding if both parties agree to it.
- Arbitration: This is a more formal process where an independent arbitrator considers the evidence and makes a legally binding decision. Arbitration is often used for more complex disputes where a definitive ruling is required.
- Expert Determination: In cases involving technical issues, such as building defects or valuation disputes, an expert can be appointed to make a binding decision. This is a quick and effective way of resolving disputes that require specialist knowledge.
- Ombudsman Services: For specific complaints, for instance against estate agents or landlords, an ombudsman service can provide a free and impartial investigation. The Property Ombudsman and the Property Redress Scheme are two of the main bodies in this area.
At Maunder Taylor, we advise against formal proceedings as it’s so expensive, time-consuming and emotionally fraught. We prefer to try ADR or more informal resolutions first.
Many members of the Maunder Taylor team are chartered surveyors, operating out of our Whetstone office. This qualification makes us ideal candidates to act as mediators or arbitrators. We can also provide expert, independent evidence (for instance in the case of boundary disputes, or assessment of a property’s value).
Stage Three – Tribunals and Courts
If both informal resolution and ADR fail, the matter can be escalated to a tribunal or court. The First-Tier Tribunal (Property Chamber) deals with a range of residential property disputes, including leasehold service charges, applications to extend a lease or purchase a freehold, and rent repayment orders.
More complex or high-value cases, such as possession claims against tenants or the enforcement of boundary rights, are dealt with in the County Court.
How Maunder Taylor Can Help
At Maunder Taylor, we can get involved in all stages of the property dispute resolution process, whether that’s an initial informal resolution, any of the aspects of ADR, and right through to court proceedings. For more information on our expert property dispute advice in Potters Bar, Whetstone, and across North London and Hertfordshire, click here.
FAQs
What are the most common types of property disputes?
The most common property disputes involve boundaries (including party walls), noisy or anti-social neighbours, and disputes between landlords and tenants over issues such as rent arrears, service charges, and repairs. Construction disputes, and disagreements over valuations and lease terminations are also common. More information can be found in our previous blog post here.
What is the first step I should take in a property dispute?
The first step should always be to try to resolve the issue informally by talking to the other party. If this is not possible or does not work, then you should seek professional advice from a chartered surveyor or solicitor.
How much does it cost to resolve a property dispute?
The cost of resolving a property dispute can vary significantly depending on the complexity of the case and the method of resolution used. Informal negotiation is the cheapest option, while court proceedings are the most expensive.
ADR methods such as mediation and arbitration are also generally cheaper than going to court -you have to factor in legal costs (possibly including the other side’s if you lose), as well as court fees.