emergency works
📖 What is emergency works? Meaning and definition
Emergency works refer to repairs that are necessary due to their urgent nature, such as preventing water ingress from a damaged roof or making safe dangerous brickwork. These works are typically undertaken when there is an immediate risk or a need to prevent further deterioration of the property. The urgency of these works can sometimes allow landlords to bypass certain consultation requirements that would normally apply to other types of qualifying works under the Landlord and Tenant Act 1985.
When emergency works are carried out, landlords may apply to a Tribunal for 'dispensation' from the usual consultation requirements. This means they ask for permission to not follow the full consultation process with leaseholders, which usually involves giving notice and seeking observations on proposed works. The Tribunal will consider if it is reasonable to grant this dispensation, often taking into account the urgency of the works and whether leaseholders would suffer any prejudice as a result of the lack of consultation.
In practice, if emergency works are genuinely urgent, like replacing defective boilers that are in a dangerous condition or repairing damaged brickwork that poses a safety risk, the Tribunal is likely to grant dispensation. This is especially true if leaseholders do not object to the application for dispensation and no prejudice is demonstrated or asserted by them due to the failure to consult. The aim is to allow necessary repairs to proceed quickly while ensuring leaseholders are not unfairly disadvantaged.
📋 Requirements
- The works must be necessary, such as emergency roofing repairs to prevent water ingress.
- The works must address a dangerous condition, like damaged brickwork or defective boilers.
- The works must be urgent, making it impractical to follow full consultation requirements.
- The Tribunal must be satisfied that it is reasonable to dispense with consultation requirements.
📝 Procedure
- Landlord identifies the need for emergency works.
- Landlord carries out the urgent repairs.
- Landlord applies to the appropriate Tribunal for dispensation from statutory consultation requirements.
- The Tribunal considers the application, often on papers, and assesses if leaseholders would suffer prejudice.
- The Tribunal grants an order retrospectively dispensing with consultation requirements if satisfied.
💡 Examples
- A landlord needed to carry out emergency roofing repairs to prevent further water ingress into flats.
- Urgent works were required to make safe damaged brickwork at a property after a tenant reported being unable to open their door.
- Defective communal boilers in a block of flats were in a dangerous condition and needed immediate replacement, leading to emergency works.
- A landlord sought dispensation for remedial works to a roof identified in an application, which were deemed necessary emergency repairs.
📚 Legal basis
- Landlord and Tenant Act 1985
❓ Frequently asked questions
What makes works 'emergency works' in a tenancy context?
Emergency works are repairs that are urgent and necessary to prevent further damage to a property or to address dangerous conditions, such as a leaking roof or unsafe brickwork.
Do landlords have to consult tenants before carrying out emergency works?
Normally, landlords must consult leaseholders for 'qualifying works'. However, for emergency works, they can apply to a Tribunal for dispensation from these consultation requirements, especially if the works are urgent and necessary.
What happens if a landlord doesn't consult for emergency works?
If a landlord doesn't consult, they can apply to the Tribunal for retrospective dispensation. The Tribunal will decide if it was reasonable to bypass consultation and if leaseholders suffered any prejudice as a result.
Can tenants object to emergency works?
Tenants can object to a landlord's application for dispensation from consultation requirements. However, if the works are genuinely urgent and necessary, and no prejudice is demonstrated, the Tribunal may still grant dispensation.
What is 'dispensation' in relation to emergency works?
Dispensation is an order from the Tribunal that allows a landlord to bypass some or all of the usual consultation requirements for qualifying works, often granted for emergency works due to their urgent nature.
Will I have to pay for emergency works if there was no consultation?
If the Tribunal grants dispensation, you will likely still be liable for your share of the costs as service charges. The Tribunal considers if you suffered 'prejudice' from the lack of consultation; if so, they might reduce the amount payable.