Graham Chase considers the use of ADR to resolve landlord & tenant disputes
The most acrimonious disputes between landlords and tenants usually coincide with, eg rent reviews, changes in use and occupation, and the calculation of the service charge. These are all events which can place a considerable strain on the relationship, however, the parties are bound to each other until the end of the term or a pre-determined break provision can be operated.
The evolution of ADR
ADR has evolved over many years to take away some of the strain of the landlord and tenant relationship under these difficult circumstances. It keeps the affairs private and provides for settlement in full knowledge the relationship will continue after the fracas has become a distant memory.
In the current market the number of disputes settled by ADR appears to have fallen as parties work harder to reach a settlement in this harsh economic environment with little room for error or manoeuvre. Landlords and tenants are conscious of the time lost, costs and distraction
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