Page 15 - Solving Housing Disputes

II. THE HOUSING DISPUTES SERVICE

Introduction

2.1 In Chapters 3 and 4, we explore how structural and practical changes to the
current housing disputes system can better promote access to justice. Our
recommendation is for Government to consider these proposals promptly,
given the urgent need for improvement in the way housing disputes are dealt.
It is not, however, our only recommendation.

2.2 One of the features that distinguishes the renting of housing, from a sale and
purchase matter, for example, is that it involves a continuing relationship
between landlord and tenant. In contrast to other continuing consumer
relations (e.g. utility supplies, telephone lines) the housing relationship is what
might be described as an all-embracing or multi-faceted one, not a “single
issue” one. There is a constant risk of a housing dispute being triggered by
any number of matters, not just rent or conditions, but by relations between
20
occupiers or with neighbours, loss of employment, how the property is
occupied, services to the property, improvements, decoration, use of common
parts and otherwise. The trigger issue may not even be one between the
parties, such as incorrect or delayed benefits or enforcement activity by a local
authority. Nor do disputes exist in a vacuum; when one issue reaches the point
at which the parties are engaged in a dispute, it commonly pulls other matters
along with it, often because, once advice is taken, rights are identified as
legally enforceable for the first time.

2.3 Historically, landlords and tenants are perceived as being at odds even though
their wishes and interests can align: a return on investment and a place to live.
The potential is ever present for the relationship to become adversarial. Once
it does so, the most commonly used dispute resolution mechanisms are
adversarial. These do nothing to smooth future relations or to minimise the
likely distress which will be caused by their termination. Though it is
commonly in the interests of (at least) both parties to preserve the
21
relationship, adversarial proceedings commonly exacerbate tensions.

20 For example, where domestic abuse and familial breakdown is present in a home.

21 It is also in the interests of society, whether in terms of resources (e.g. fewer homelessness applications
or Children Act 1989 assessments) or in terms of longer-term outcomes (stable family life, education,
employability, etc.).
9