THE PROTOCOL
4 Alternative dispute resolution
4.1 The parties should consider whether some form of alternative dispute resolution procedure would be more suitable than litigation and if so, try to agree which form to use. Both the landlord and the tenant may be required by the court to provide evidence that alternative means of resolving their dispute were considered.
The courts take the view that litigation should be a last resort, and that claims should not be issued while a settlement is still actively being explored. Parties should be aware that the court will take into account the extent of the parties’ compliance with this Protocol when making orders about who should pay costs.
4.2 Options for resolving a dispute include the following—
(a) mediation: information about mediation can be found at http://www.civilmediation.org/contact.php
(b) for council tenants—
Local authority repairs, complaints and/or arbitration procedures.
The Right to Repair Scheme. The scheme is only suitable for small, urgent repairs of less than £250 in value. Information and leaflets about the scheme in England can be obtained from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU. Tel: 0303 444 0000 (https://www.gov.uk/repair-council-property).
Information about the scheme in Wales can be obtained from the National Assembly for Wales, Cardiff Bay, Cardiff, CF99 1NA. Tel. 0845 010 5500 http://www.assemblywales.org/index.htm
In England, the Housing Ombudsman Service 81 Aldwych London WC2B 4HN Tel 0300 111 3000 http://www.housing-ombudsman.org.uk/
In Wales the Public Services Ombudsman for Wales. Tel. 0300 790 0203 http://www.ombudsman-wales.org.uk
(c) for housing association tenants and for tenants of qualifying private landlords—
Any complaints procedure operated by the landlord.
In England, the Housing Ombudsman Service, 81 Aldwych, London. WC2B 4HN Tel: 0300 111 3000 http://www.housing-ombudsman.org.uk/
In Wales, the National Assembly for Wales, Cardiff Bay, Cardiff, CF99 1NA. Tel. 0845 010 5500 http://www.assemblywales.org/index.htm
Information about repair rights generally is available free of charge from the following web pages: http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions and http://www.communitylegaladvice.org.uk/en/legalhelp/leaflet04_1.jsp.
The former Department for Transport, Local Government and the Regions issued Good Practice Guidance on Housing Disrepair Legal Obligations in January 2002. Copies of the Guidance (ISBN 185112523X) can be obtained from Communities and Local Government Publications, PO Box 236, Wetherby LS23 7NB. Tel: 0300 123 1124. Fax:0300 123 1125. Textphone: 0870 1207 405. E-mail: product@communities.gsi.gov.uk. (free to download from the Communities and Local Government website at http://www.communities.gov.uk/publications/housing/deliveringhousingadaptations2).
A summary, Housing Research Summary No. 154, is available free on the Communities and Local Government website at the following link http://www.communities.gov.uk/archived/publications/housing/housingdisrepair. The Communities and Local Government website http://www.communities.gov.uk is a general source of information for landlords and tenants.
