dispensation from consultation
📖 What is dispensation from consultation? Meaning and definition
In UK tenancy law, landlords are usually required to consult with their leaseholders (tenants) before undertaking major works or entering into long-term agreements for services, especially if the cost to any leaseholder will exceed a certain amount. This is outlined in Section 20 of the Landlord and Tenant Act 1985. However, sometimes circumstances arise where it's not practical or possible to complete this consultation process.
When this happens, a landlord can apply to the First-tier Tribunal (Property Chamber) for a 'dispensation from consultation'. This application asks the Tribunal to excuse the landlord from some or all of these consultation requirements. The Tribunal will then review the application, often through a 'remote paper determination' without a face-to-face hearing, especially if all parties agree or if it's not practical to hold one.
The Tribunal's decision to grant dispensation means the landlord can proceed with the works or services without having fully completed the usual consultation. It's important to note that granting dispensation does not mean the Tribunal has decided whether the costs of the works are reasonable or if they are payable by the leaseholders. Those are separate matters that can be considered later if there's a dispute.
This process is often used in urgent situations, such as when essential repairs are needed quickly, like fixing a broken lift or a sewage system pump, where waiting for a full consultation could cause further problems or safety issues.
📋 Requirements
- An application must be made to the First-tier Tribunal (Property Chamber).
- The application seeks to be excused from consultation requirements under Section 20ZA of the Landlord and Tenant Act 1985.
- The Tribunal considers the circumstances, which may include urgency for repairs like a lift or sewage system.
- The determination can be made remotely, often without a face-to-face hearing, if consented to or deemed impracticable.
📝 Procedure
- The landlord (Applicant) submits an application to the Tribunal.
- The Tribunal receives the application, specifying the works for which dispensation is sought.
- The Tribunal reviews the submitted documents, which may be in a bundle.
- The Tribunal makes a decision, often through a remote paper determination, granting or refusing dispensation.
- The Applicant is typically required to send a copy of the decision to all affected leaseholders.
💡 Examples
- A landlord applied for dispensation because a lift in a six-storey building needed urgent repairs, and waiting for full consultation would have left residents without essential access.
- Dispensation was granted for the replacement of a pump in a sewage system that was overflowing, highlighting the critical need for immediate action.
- A property management company sought dispensation for works on a large residential building, with the Tribunal making a decision based on submitted documents rather than a hearing.
- The Tribunal granted unconditional dispensation from consultation requirements for works at a London property, clarifying that this decision did not determine the reasonableness of the costs.
📚 Legal basis
- Landlord & Tenant Act 1985
- Tribunal Procedure Rules 2013
- The Tribunal Procedure (Coronavirus) Amendment Rules 2020 SI 2020 No 406 L11
❓ Frequently asked questions
What does 'dispensation from consultation' actually mean for me as a leaseholder?
It means your landlord has been legally allowed to carry out certain major works or services without fully completing the usual consultation process with you and other leaseholders. This often happens in urgent situations.
Does a dispensation mean I have to pay for the works?
Not necessarily. The Tribunal's decision to grant dispensation does not determine whether the costs of the works are reasonable or if you are legally obliged to pay them through your service charge. Those are separate issues that can be challenged later if needed.
Why would a landlord apply for dispensation?
Landlords typically apply for dispensation when there is an urgent need for works, such as critical repairs to essential services like lifts or sewage systems, where waiting for the full consultation period would cause significant problems or risks.
Can I object to a dispensation application?
The case excerpts indicate that parties can consent to remote determinations, suggesting there is an opportunity for leaseholders to be involved. If you receive notice of such an application, you should review it and consider seeking advice.
Is a hearing always held for these applications?
No, not always. The Tribunal can make a decision based on submitted documents (a 'remote paper determination'), especially if all parties agree or if a face-to-face hearing is not practicable, as seen in some cases during the pandemic.
What if I think the works were not urgent enough to justify dispensation?
While the dispensation allows the works to proceed, it does not prevent you from later challenging the reasonableness of the costs or the necessity of the works themselves. You may wish to consult a qualified solicitor if you have concerns about the works or their cost.