dispensation from consultation requirements
📖 What is dispensation from consultation requirements? Meaning and definition
Landlords are typically required by law to consult with their tenants before carrying out 'qualifying works' or services, especially if the cost to each tenant will exceed a certain amount. This consultation process ensures tenants are informed and have an opportunity to comment on proposed works. However, in some situations, a landlord may apply to the First-tier Tribunal (Property Chamber) for a 'dispensation from consultation requirements'. This means they are asking the Tribunal for permission to bypass the standard consultation process.
The Tribunal will consider whether it is reasonable to grant such a dispensation. The case excerpts show this can happen for urgent works, such as roof repairs, asbestos removal, fire stopping, or replacement of external wall systems. The Tribunal's decision to grant dispensation does not mean it has approved the cost of the works; it only means the landlord can proceed without consulting first. The reasonableness and payability of service charge costs related to the works can be challenged by tenants at a later stage.
When a landlord applies for dispensation, the tenants (referred to as 'Respondents' in the cases) are typically given notice of the application and an opportunity to view the landlord's supporting evidence. They are also given directions by the Tribunal, which may include a deadline to object to the application. The Tribunal then makes a decision, often based on a 'remote paper determination', meaning it reviews documents without a physical hearing.
📋 Requirements
- The application must be made to the First-tier Tribunal (Property Chamber).
- The Tribunal must determine if it is reasonable to dispense with the consultation requirements.
- Tenants (Respondents) are given notice of the application and an opportunity to view evidence.
- Tenants are given an opportunity to object to the application.
📝 Procedure
- Landlord submits an application for dispensation from consultation requirements.
- Tribunal issues directions, including deadlines for tenants to respond.
- Landlord provides tenants with notice of the application and supporting evidence.
- Tenants notify the Tribunal if they oppose the application.
- Tribunal makes a determination, often remotely on papers, on whether to grant dispensation.
💡 Examples
- A landlord applied for dispensation to carry out urgent roof repairs, including scaffolding, inspection, drone survey, and replacement of tiles and timber, due to the immediate need for the works.
- Dispensation was sought for asbestos removal and fire stopping works, indicating a need to proceed quickly with safety-critical improvements.
- A landlord applied for dispensation to replace an external wall system, suggesting a significant and potentially urgent safety upgrade to the building's exterior.
- The Tribunal granted dispensation for works to flats 12, 14, and 15, involving roof and timber replacement, after ensuring all tenants had been notified and given a chance to respond.
📚 Legal basis
- Landlord and Tenant Act 1985 section 20ZA
- Landlord and Tenant Act 1985 section 20
❓ Frequently asked questions
What does 'dispensation from consultation requirements' mean for me as a tenant?
It means your landlord has received permission from a Tribunal to carry out certain works without first going through the usual consultation process with you. This often happens for urgent or safety-critical works.
Does granting dispensation mean I have to pay for the works?
No, the Tribunal's decision to grant dispensation only allows the landlord to proceed with the works without prior consultation. It does not determine whether the service charge costs for those works are reasonable or payable by you.
Can I object to a landlord's application for dispensation?
Yes, if you are a tenant (Respondent) and you receive notice of such an application, the Tribunal will typically give you directions, including a deadline, to notify them if you oppose the application.
What kind of works typically lead to a dispensation application?
The case excerpts show that dispensation is often sought for urgent or essential works, such as roof repairs, asbestos removal, fire stopping, or replacement of external wall systems, where delaying for a full consultation might be problematic.
What is the 'Landlord and Tenant Act 1985 section 20ZA'?
This is the specific section of the Landlord and Tenant Act 1985 that gives the Tribunal the power to grant dispensation from the consultation requirements set out in section 20 of the same Act.
If dispensation is granted, can I still challenge the cost of the works?
Yes, the Tribunal explicitly states that granting dispensation makes no determination as to whether any service charge costs are reasonable or payable. You may still be able to challenge the reasonableness of the costs at a later stage.