landlord exemption
📖 What is landlord exemption? Meaning and definition
The 'landlord exemption' refers to a landlord's ability to be excused from the statutory consultation requirements, primarily those outlined in Section 20 of the Landlord and Tenant Act 1985. These requirements usually mandate that landlords consult with tenants before undertaking certain works or services for which service charges will be levied, especially if the cost exceeds a specified amount. The purpose of consultation is to give tenants a say and ensure transparency regarding significant expenditures.
An exemption is not automatic; a landlord must apply to the First-tier Tribunal (Property Chamber) for an order under Section 20ZA of the Landlord and Tenant Act 1985. The Tribunal then determines whether to exercise its discretion to dispense with the consultation requirements. This discretion is typically exercised in cases where there is an urgent need for works, such as repairs to falling masonry, fire safety improvements, or other critical maintenance that cannot wait for the full consultation process.
In practice, if an exemption is granted, it means the landlord can proceed with the necessary works without having to go through the usual consultation steps, such as providing estimates or inviting observations from tenants. However, the Tribunal may impose conditions, such as requiring the landlord to keep tenants updated on the progress of the works. This ensures that while urgency is addressed, tenants are not left entirely in the dark about significant works affecting their property.
📋 Requirements
- Application made to the First-tier Tribunal (Property Chamber) under section 20ZA of the Landlord and Tenant Act 1985.
- Evidence demonstrating the need for dispensation from consultation requirements.
- Urgency of works, such as falling masonry, fire safety issues, or the need for contractor facilities, making consultation impractical or unsafe.
- The Tribunal exercises its discretion to grant the exemption.
📝 Procedure
- The landlord (Applicant) issues an application for dispensation from statutory consultation requirements.
- Directions are issued by the Tribunal, which may be amended.
- The Tribunal considers the evidence presented by the landlord.
- The Tribunal determines whether to exercise its discretion to dispense with the consultation requirements.
- A decision is issued, which may include conditions for the landlord, such as keeping tenants updated.
💡 Examples
- A landlord applied for an exemption when masonry from the roof of a development was falling onto a high street, posing an immediate danger.
- An exemption was granted for urgent fire protection works and cladding replacement at a residential property to ensure the safety of residents.
- A landlord sought dispensation to construct a building on site to provide essential facilities like recreational space, a kitchen, and washing facilities for contractors and employees.
- Urgent repairs costing approximately £3000 were needed, and the landlord applied to bypass consultation due to the immediate nature of the problem.
📚 Legal basis
- Landlord and Tenant Act 1985
- Service Charges (Consultation Requirements) (England) Regulations 2003
❓ Frequently asked questions
What does 'dispensation from consultation requirements' mean?
It means a landlord is allowed by a Tribunal to bypass the usual legal steps of consulting tenants before carrying out certain works, typically due to urgency or other compelling reasons.
Why would a landlord need an exemption?
Landlords typically seek an exemption for urgent works that cannot wait for the full consultation process, such as dangerous structural issues, critical fire safety improvements, or other immediate repairs to protect residents or the property.
Do tenants have any say if an exemption is granted?
While the formal consultation is bypassed, the Tribunal may impose conditions, such as requiring the landlord to keep tenants informed about the progress of the works, ensuring some level of communication.
What law governs these exemptions?
The primary legal basis for these exemptions is Section 20ZA of the Landlord and Tenant Act 1985, often in conjunction with the Service Charges (Consultation Requirements) (England) Regulations 2003.
Can a landlord just decide to skip consultation?
No, a landlord cannot unilaterally decide to skip consultation. They must apply to the First-tier Tribunal (Property Chamber) and provide evidence to convince the Tribunal to grant the dispensation.
What if I disagree with an exemption being granted?
The Tribunal makes a decision based on the evidence. If you are a tenant and have concerns about an exemption application, it is advisable to seek legal advice from a qualified solicitor.