The simple answer to this is maybe and it depends upon the type of dispute. If you are a landlord seeking to recover possession of your property then yes, unless the tenant vacates on their own, you must obtain a possession order from the court.
However, there are multitude of other disputes which can arise in respect of residential property, and it is not always necessary to end up in court to obtain a resolution. These residential property disputes may encompass other breaches of leases by a tenant, failure to abide by the covenants within a lease, boundary disputes and nuisance disputes.
All of these disputes can often be resolved via alternative dispute resolution such as round table meetings, formal mediation (in person or often now remote via zoom or Teams) as well as old fashioned negotiations. These ways of setting disputes can be more cost effective and considerably quicker than going to court and can be run alongside any court proceedings.
At Hanne & Co we are experienced in resolving residential property disputes via alternative dispute resolution as well attending court when this is the only avenue left.