HOUSING disputes are the latest area of legal conflict to consider the use of mediation to resolve problems instead of heading straight to court.
A Liverpool lawyer specialising in the area has welcomed proposals for reform by the Law Commission, which said last week that other means of resolving disputes outside of formal adjudication should be used wherever possible.
Jane Lake, a partner at Brabners Chaffe Street, believes the commission’s consultation on housing dispute resolution will hopefully lead the way in tackling what she believes is the heart of the issue, “referral fatigue�.
She said: “Through regular contact with housing associations, I am often aware of disputes being prolonged and accumulating significant legal costs because individuals are constantly being passed on through various bodies and individuals due to a lack of understanding of the issues involved.
“For example, there can be many reasons for a tenant in social housing not paying rent, with mental health issues, language difficulties and the failure of the housing benefit system being just three.
“The Law Commission’s recommendation to create an infrastructure that would significantly improve initial diagnosis of problems is therefore very welcome.�
The Law Commission’s proposals for reform on housing disputes are based on a ‘triage plus’ system, which comprises improvements in initial diagnosis and referral, intelligence gathering and feedback.
Martin Partington, who was in charge of the project, said: “Dispute resolution is an area in need of repair. We believe that use of mediation, ombudsmen and complaints procedures should be actively encouraged. Recourse to courts and tribunals should be a last resort.
“If disputes need to come to court, we propose that disrepair cases and park home cases should be transferred to the Residential Property Tribunal Service which should be incorporated into the new unified Tribunals Service.
“A wider approach to transferring cases to the RTPS should remain a long term goal.�
Jane Lake said that in many cases, intelligence gathering and preventative measures are effective within many housing associations already, and the Law Commission’s proposals would hopefully formalise these systems to relieve this strain.
She added: “It is definitely the case that in many problematic areas, causes rather than effects are being targeted. But a more joined up approach is definitely required, and the proposed reforms to point to a more positive approach in this respect.
“A reappraisal of the funding process for legal aid may also be required to ensure that individuals involved in disputes have the opportunity to gain legal advice at the very earliest stage.�