dispensation order
📖 What is dispensation order? Meaning and definition
A dispensation order is issued by a tribunal, often the First-tier Tribunal, under section 20ZA of the Landlord and Tenant Act 1985. This order permits a landlord to 'dispense with' or avoid the usual consultation requirements that would otherwise apply before undertaking certain works or services for which leaseholders will be charged. These consultation provisions are set out in section 20 of the same Act.
Such an order is typically sought and granted in situations where urgent works are necessary, such as emergency repairs to an elevator or a roof. The tribunal will assess whether it is reasonable to grant the dispensation, taking into account factors like the urgency of the repairs and whether leaseholders have raised any objections. The purpose is to ensure essential works can proceed without undue delay, even if the full consultation process cannot be followed.
Once a dispensation order is made, it means the landlord is not required to complete the usual consultation steps for the specified works. However, the order does not automatically mean the costs of the works are reasonable; leaseholders can still dispute the reasonableness of the service charges later, even if a dispensation order was granted for the consultation process itself.
📋 Requirements
- An application must be made to the Tribunal for a dispensation order.
- The Tribunal must determine that it is reasonable to dispense with the consultation provisions.
- Leaseholders must be given an opportunity to object to the dispensation application.
📝 Procedure
- The landlord (Applicant) submits an application for a dispensation order to the Tribunal.
- Directions are issued by the Tribunal, giving leaseholders (Respondents) an opportunity to object or request an oral hearing.
- The Tribunal considers the application and any objections, often through a paper determination.
- The Tribunal makes a decision on whether to grant the dispensation order, stating its reasons.
💡 Examples
- A landlord applies for a dispensation order to carry out urgent repairs to a faulty elevator in a block of flats, as its malfunction affects multiple leaseholders.
- A tribunal grants a dispensation order for roof works after no leaseholders object to the application, allowing the landlord to proceed without full consultation.
- A previous dispensation order from 2020 covered certain roofing works, but a leaseholder later disputes costs for additional works not included in that original order.
- Emergency repairs are needed for a building's roof, and the landlord seeks a dispensation order to bypass the standard consultation process to address the issue promptly.
📚 Legal basis
- Landlord and Tenant Act 1985
❓ Frequently asked questions
What is the main purpose of a dispensation order?
The main purpose is to allow a landlord to proceed with works, especially urgent ones, without having to follow the full consultation process normally required by law, as determined by a tribunal.
Does a dispensation order mean I have to pay for the works?
A dispensation order only waives the consultation requirements. It does not mean the costs of the works are automatically reasonable or payable; leaseholders can still challenge the reasonableness of the service charges themselves.
Can I object to a landlord's application for a dispensation order?
Yes, as a leaseholder, you are typically given the opportunity to object to the landlord's application for dispensation, and the tribunal will consider any objections raised.
What happens if a landlord carries out works without a dispensation order or proper consultation?
If a landlord fails to consult properly and does not obtain a dispensation order, they may be limited in the amount they can recover from leaseholders for the cost of the works.
Is a dispensation order only for emergency repairs?
While often granted for urgent or emergency repairs, the tribunal determines reasonableness on a case-by-case basis. The excerpts show it was granted for urgent elevator and roof repairs.
Where are dispensation orders decided?
Dispensation orders are decided by a tribunal, typically the First-tier Tribunal (Property Chamber), which handles disputes related to residential leasehold properties.