landlord and tenant act 1985
📖 What is landlord and tenant act 1985? Meaning and definition
The Landlord and Tenant Act 1985 is a key piece of legislation in the UK that governs aspects of the relationship between landlords and tenants, especially in long leasehold properties where service charges are common. It includes provisions designed to protect tenants by requiring landlords to consult them before carrying out major works or entering into certain agreements that will incur significant costs, typically exceeding £250 per flat. This consultation process ensures tenants are informed and have an opportunity to comment on proposed works and their associated costs.
However, there are circumstances where a landlord might need to bypass these consultation requirements, particularly if the works are urgent or if it's not practicable to consult. In such cases, the landlord can apply to the First-tier Tribunal (Property Chamber) for 'dispensation' from these requirements under section 20ZA of the Act. The Tribunal will then decide whether to grant this dispensation, which can be unconditional or subject to certain conditions.
It's important to understand that granting dispensation only means the landlord doesn't have to follow the consultation process. It does not automatically mean that the costs of the works are reasonable or payable. The reasonableness and payability of service charges can still be challenged by tenants under other sections of the Act, such as s27A and s19, even if dispensation has been granted for the consultation requirements. This separation ensures that while urgent works can proceed, tenants retain the right to scrutinise the eventual costs.
📋 Requirements
- The works must cost in excess of £250 per flat to trigger consultation requirements under Section 20 of the Act.
- A landlord can apply for dispensation from consultation requirements under Section 20ZA of the Act.
- Dispensation may be granted if it was not practicable to consult or if no one requested consultation.
- The Tribunal may impose conditions when granting dispensation, such as who bears the costs of the dispensation application itself.
📝 Procedure
- A landlord identifies major works or services that will incur costs exceeding £250 per flat.
- If consultation is not practicable or urgent, the landlord makes an application to the First-tier Tribunal for dispensation from consultation requirements under Section 20ZA of the Landlord and Tenant Act 1985.
- The Tribunal reviews the application, sometimes without a hearing, considering the circumstances.
- The Tribunal determines whether to grant unconditional dispensation or dispensation with conditions.
- The Tribunal's decision on dispensation does not determine the reasonableness or payability of the service charge costs, which can be challenged separately under s19 and s27A of the Act.
💡 Examples
- A landlord applies for dispensation from consultation requirements to carry out urgent lift repairs in a block of flats after the lift unexpectedly breaks down, citing the need for immediate action.
- A property management company seeks dispensation for appointing a new managing agent without full consultation, perhaps due to an immediate need for management services following a previous agent's departure.
- A landlord is granted dispensation for works to the exterior of a building, but the Tribunal specifies that the costs of the dispensation application itself cannot be passed on to the leaseholders through service charges.
- A tribunal grants dispensation for works to 75-89 Lancaster Gate, London, acknowledging that while consultation was bypassed, the reasonableness of the costs can still be challenged later by the residents.
📚 Legal basis
- Landlord and Tenant Act 1985
❓ Frequently asked questions
What does 'dispensation from consultation requirements' mean?
It means a landlord has been given permission by the First-tier Tribunal to carry out major works or services without first going through the usual consultation process with tenants, as required by Section 20 of the Landlord and Tenant Act 1985.
Why would a landlord need dispensation?
Landlords typically seek dispensation when works are urgent, such as emergency repairs, or when it's not practical to complete the full consultation process before starting essential works. This ensures critical repairs can proceed without delay.
If dispensation is granted, do I still have to pay the service charge for the works?
Granting dispensation only waives the consultation requirement; it does not automatically make the costs reasonable or payable. You can still challenge the reasonableness and payability of the service charge costs under other sections of the Landlord and Tenant Act 1985, such as s19 and s27A.
Can the Tribunal attach conditions to a dispensation?
Yes, the Tribunal can grant dispensation subject to conditions. For example, they might stipulate that the costs of the dispensation application itself cannot be recharged to the tenants through service charges.
What is the £250 per flat rule mentioned in relation to the Act?
Section 20 of the Landlord and Tenant Act 1985 generally requires landlords to consult with tenants for works costing more than £250 per flat. If the cost exceeds this amount, the consultation requirements usually apply unless dispensation is granted.
Where can I find more information about my rights under this Act?
For detailed information on your rights and obligations under the Landlord and Tenant Act 1985, you should consult the full text of the Act or seek advice from a qualified solicitor specialising in landlord and tenant law.