dispensation with consultation requirements
📖 What is dispensation with consultation requirements? Meaning and definition
When landlords plan major works or services that will incur costs for leaseholders, they typically must follow specific consultation requirements under Section 20 of the Landlord and Tenant Act 1985. This involves informing leaseholders about the proposed works, allowing them to comment, and considering their observations. However, in certain situations, a landlord may apply to the First-tier Tribunal (Property Chamber) for a 'dispensation with consultation requirements'.
This application, made under Section 20ZA of the Landlord and Tenant Act 1985, asks the Tribunal to grant permission for the landlord to proceed with works without fully completing the standard consultation process. This is often sought when works are urgent, such as replacing a broken lift control panel or a communal water heater, where delays caused by full consultation could cause significant inconvenience or risk.
The Tribunal will consider the application and may grant dispensation, sometimes with conditions. For example, a condition might be that the landlord bears their own costs for making the application. The Tribunal can grant dispensation retrospectively, meaning for works that have already been carried out, or for future works. The decision is made based on the specific circumstances presented, often through a paper determination without a face-to-face hearing if not objected to by the parties.
📋 Requirements
- An application must be made to the First-tier Tribunal (Property Chamber).
- The application is typically made under Section 20ZA of the Landlord and Tenant Act 1985.
- The Tribunal determines if dispensation should be granted, potentially with conditions.
- Dispensation can be granted for urgent works, such as lift repairs or water heater replacement.
- The Tribunal can grant dispensation retrospectively.
📝 Procedure
- A landlord (Applicant) submits an application to the Tribunal.
- The application specifies the property, the parties involved (landlord and leaseholders as Respondents), and the type of application (dispensation with consultation requirements).
- The Tribunal reviews the submitted documents, often in a 'paper remote' hearing if not objected to.
- The Tribunal makes a decision, either granting or rejecting dispensation.
- Conditions may be imposed on the grant of dispensation, such as who bears the costs of the application.
💡 Examples
- A landlord applied for dispensation to urgently replace a main lift control panel to reinstate a lift at a residential property, which the Tribunal granted without imposing any terms.
- A landlord sought and received retrospective dispensation to replace one of two communal water heaters without prior consultation, due to the urgent nature of the repair.
- The Tribunal granted a landlord dispensation for works, but on the condition that the landlord would bear their own costs for making the application to the Tribunal.
📚 Legal basis
- Landlord and Tenant Act 1985
❓ Frequently asked questions
What is the purpose of consultation requirements for landlords?
Consultation requirements ensure that leaseholders are informed and have a say in major works or services that will affect their service charges, promoting transparency and fairness.
Why would a landlord need dispensation?
Landlords typically seek dispensation when works are urgent and cannot wait for the full consultation process, such as essential repairs to critical building services like lifts or heating systems, to prevent further damage or inconvenience.
Who grants dispensation?
Dispensation with consultation requirements is granted by the First-tier Tribunal (Property Chamber), which is a specialist court for property disputes.
Can dispensation be granted after works have already been done?
Yes, the Tribunal has the power to grant dispensation retrospectively, meaning for works that have already been completed without prior consultation.
Are there any conditions attached to dispensation?
The Tribunal can grant dispensation with or without conditions. A common condition might be that the landlord pays their own legal costs for the application, rather than passing them on to leaseholders through service charges.
What if I, as a leaseholder, object to the dispensation application?
The Tribunal will consider any objections raised by leaseholders. While the excerpts show 'paper remote' hearings were not objected to, leaseholders generally have the right to make representations, and the Tribunal will take these into account when making its decision.