mediation

[fullom]

OK , I'm off to mediation on thursday, basically what I am trying to find out is that can a persons evidence ( a person living at my rental) be used in mediaition and a tennancy tribunal meeting if their name isn't on the Tennancy agreement?

chrs

[Keithw]

IMHO Thats pretty much up to the ajudicator, the apparent credibility of the witness and applicability of the evidence.
If its the only way to support your statements then it is probably more lilkely to be heard / required.
If your statements appear to be credible, your flatmates evidence may not be required, but it is wise to be prepared.

[Keys]

Originally Posted by fullom

OK , I'm off to mediation on thursday, basically what I am trying to find out is that can a persons evidence ( a person living at my rental) be used in mediaition and a tennancy tribunal meeting if their name isn't on the Tennancy agreement?

chrs

You can exclude anyone from mediation who is not on the tenancy agreement (TA). However, you also don't need to agree to anything at mediation. It could be advantageous to you to include the witness so that you can counter it when it gets to the full TT. When it gets there, the Adjudicator decides what is admissible.

[Allen Realty Ltd Prop]

Also important to remember what happens in mediation stays in mediation. It cant be used as evidence at the Tribunal. The tribunal is separate and isnt really interested in what happended at mediation. They want the facts, as presented on that day. Also, remember, if you get to the Tribunal, still try and offer a solution to the tenant to agree with. If you can and the adjudicator witnesses this then they will rule and record that "an agreement was entered in to by both parties". This means a tenant can never request a re-hearing if they are not happy. This is because you cant have a re-hearing if tenants agree to a outcome (unless there is a change in circumstances of course)