emergency call system
📖 What is emergency call system? Meaning and definition
An emergency call system is a critical installation, particularly in housing schemes designed for residents who may require extra support or have specific needs. These systems enable residents to quickly alert others in case of an emergency, ensuring timely help can be provided. The replacement or upgrade of such systems is considered 'qualifying works' under UK tenancy law.
Landlords of properties with these systems, especially those with shared ownership or rented flats, are typically responsible for their maintenance and replacement. When the cost of these 'qualifying works' is expected to exceed a certain threshold (e.g., £250 per unit), landlords are usually required to consult with leaseholders or tenants before proceeding.
However, in situations where the need to replace or upgrade an emergency call system becomes urgent, landlords can apply to the First-tier Tribunal (Property Chamber) for dispensation from these statutory consultation requirements. The Tribunal will then decide whether to grant this dispensation, allowing the works to proceed without the full consultation process, often to ensure the safety and well-being of residents.
These systems are commonly found in developments consisting of multiple apartments, flats, or bungalows, which are purpose-built for residents who receive extra care or have support needs, highlighting their importance in supported living environments.
📋 Requirements
- The works concern the replacement or upgrade of an emergency call system.
- The property is typically a development with multiple units, often for residents with support needs.
- The cost of the qualifying works is likely to exceed the statutory consultation threshold (e.g., £250 per unit).
- The landlord applies to the First-tier Tribunal for dispensation from consultation requirements, often citing urgency.
📝 Procedure
- The landlord identifies the need to replace or upgrade the emergency call system.
- The landlord applies to the First-tier Tribunal (Property Chamber) for dispensation from consultation requirements.
- The Tribunal Legal Officer issues directions for the service of documents to all relevant parties (respondents).
- The Tribunal determines the application based on written submissions, or a hearing if requested.
- The Tribunal decides whether to grant dispensation for the works to proceed.
💡 Examples
- A landlord of a sheltered housing scheme with 30 flats applied to the Tribunal for urgent dispensation to replace an outdated emergency call system.
- A development of 63 two-bedroom apartments, housing residents with support needs, required an upgrade to its emergency call system, leading to a dispensation application.
- The Tribunal granted dispensation for works to renew and upgrade the emergency call system in 41 purpose-built bungalows, some of which were shared ownership properties.
- An application was made to replace an emergency call system in a property where the existing system was deemed to be a matter of urgency to replace.
📚 Legal basis
- Landlord and Tenant Act 1985
- Service Charges (Consultation Requirements)(England) Regulations 2003
❓ Frequently asked questions
What does 'dispensation from consultation requirements' mean for an emergency call system?
It means the landlord can proceed with replacing or upgrading the emergency call system without following the full statutory consultation process with leaseholders or tenants, usually because the works are urgent.
Why would an emergency call system need to be replaced urgently?
Urgency often arises if the existing system is failing, outdated, or no longer reliably provides the necessary support for residents, especially in properties designed for those with extra care needs.
Who pays for the replacement of an emergency call system?
The cost of replacing an emergency call system is typically covered by service charges, which are paid by leaseholders or tenants as part of their tenancy agreement.
Can I object to the replacement of an emergency call system?
If the landlord seeks dispensation from consultation, you can make submissions to the Tribunal. However, if dispensation is granted due to urgency, the works may proceed regardless of objections to the consultation process itself.
What is the role of the First-tier Tribunal in these cases?
The Tribunal assesses the landlord's application for dispensation, considering the reasons for urgency and whether it is reasonable to waive the consultation requirements for the replacement of the emergency call system.
Does an emergency call system only apply to elderly residents?
While often associated with elderly residents, emergency call systems are for anyone in properties designed for residents who receive extra support or have a general support need, regardless of age.