lift repairs
📖 What is lift repairs? Meaning and definition
In the context of UK tenancy law, particularly for long leaseholders, 'lift repairs' involve addressing issues with lifts installed in multi-storey residential blocks. These repairs can range from fixing specific faults, such as an 'over travelling' lift that caused an entrapment, to replacing components that have exceeded their natural lifespan, like suspension traction media belts.
Such repairs are often deemed urgent, especially when they pose a health and safety risk to residents. Management companies or landlords, as applicants, frequently seek retrospective dispensation from the First-tier Tribunal for the consultation requirements under s.20ZA of the Landlord and Tenant Act 1985. This is typically done when the urgency of the repair work means there isn't time to complete the usual consultation process with leaseholders.
The Tribunal's decision to grant dispensation means the landlord can proceed with the urgent works without having to follow the full statutory consultation procedure. However, granting dispensation does not prevent leaseholders from later challenging the reasonableness or cost of the works under section 27A of the Act. The works can involve significant costs, such as removing and reinstalling a faulty lift motor, and the decision regarding dispensation is usually displayed prominently for residents.
📋 Requirements
- The lift repair addresses a health and safety issue, such as a risk of entrapment.
- The repair is urgent, often due to an engineer's report confirming the necessity of the work.
- The work involves replacing components that have exceeded their natural life or are faulty.
- The applicant (landlord or management company) seeks dispensation from consultation requirements under s.20ZA of the Landlord and Tenant Act 1985.
📝 Procedure
- An incident occurs, such as a lift entrapment, or an engineer's report identifies a critical fault.
- The lift is taken out of service due to safety risks.
- Advice is sought on the necessary repairs, such as replacing specific parts like tape head shoes or suspension traction media belts.
- Quotations for the repair work are obtained.
- The applicant applies to the First-tier Tribunal for dispensation from consultation requirements.
- The Tribunal reviews the application and evidence, such as engineering reports, and makes a decision on dispensation.
💡 Examples
- A management company applied for retrospective dispensation for lift repairs after a lift 'over travelled' and caused an entrapment, requiring it to be taken out of service immediately.
- A landlord sought dispensation for urgent remedial work to renew suspension traction media belts that had exceeded their 15-year lifespan, as confirmed by an engineer's report.
- Dispensation was granted for works to a lift that included constructing a temporary beam, removing a faulty motor, and reinstalling a newly repaired motor at a cost of nearly £9,000.
- A decision granting dispensation for lift repairs was required to be placed on the applicant's website and displayed in the common parts of the property for at least three months.
📚 Legal basis
- Landlord and Tenant Act 1985
❓ Frequently asked questions
What does 'dispensation' mean in relation to lift repairs?
Dispensation means that the landlord or management company is excused from following the full statutory consultation process with leaseholders before carrying out major works, such as urgent lift repairs. This is often granted by the First-tier Tribunal when the works are critical and time-sensitive.
Why would lift repairs need 'retrospective dispensation'?
Retrospective dispensation is sought when urgent lift repairs have already commenced or been completed without prior consultation. This typically happens when immediate action was needed to address a serious health and safety risk, like a faulty lift causing entrapment, and there wasn't time for the usual consultation period.
Can leaseholders challenge the cost of lift repairs even if dispensation is granted?
Yes, even if the Tribunal grants dispensation from the consultation requirements, it does not affect its jurisdiction to make a determination under section 27A of the Landlord and Tenant Act 1985 regarding the reasonableness and/or cost of the work at a later date.
What kind of issues typically lead to urgent lift repairs?
Urgent lift repairs are often prompted by safety concerns such as a lift 'over travelling' and causing entrapment, or an engineer's report confirming that critical components like suspension traction media belts have exceeded their safe operational life and need immediate replacement.
Who is responsible for applying for dispensation for lift repairs?
The applicant, which is typically the management company for the property or the landlord, is responsible for seeking an order from the First-tier Tribunal for dispensation with the consultation requirements.