repair works
📖 What is repair works? Meaning and definition
Repair works involve rectifying issues within a property, ranging from urgent fixes to more extensive projects. These works are typically carried out to address unforeseen events, such as structural failures, or to correct identified defects that pose a risk to residents or the building's stability. For example, the repair of a fallen gable parapet due to poor design or the reinstatement of a damaged roof after a fire both fall under this category.
In the context of tenancies, particularly in leasehold properties, landlords or management companies are often responsible for arranging and completing these works. The need for repair works can arise suddenly, requiring immediate action, or be identified through surveys, leading to planned schedules of work.
When repair works are extensive or exceed certain cost thresholds, there are statutory consultation requirements under Section 20 of the Landlord and Tenant Act 1985. However, in urgent situations where consultation is not feasible due to the immediate need for the work, a landlord may apply to a Tribunal for dispensation from these requirements. This allows the urgent repairs to proceed without delay, ensuring resident safety and preventing further damage.
For self-represented litigants, understanding 'repair works' is crucial, especially when dealing with service charges or disputes related to property maintenance. It highlights the landlord's responsibility to maintain the property and the procedures that may be followed, particularly when urgent repairs are necessary.
📋 Requirements
- The work must address damage or defects to the property.
- The work is often undertaken to ensure resident safety and structural integrity.
- Urgency may necessitate immediate commencement of works.
- Extensive works may require consultation under Section 20 of the Landlord and Tenant Act 1985, unless dispensation is granted.
📝 Procedure
- An unforeseen event or defect occurs, such as a structural failure or fire damage.
- Urgent action is taken to address immediate safety concerns, like removing damaged brickwork or erecting safety fencing.
- A structural survey may be conducted to identify the extent of defects.
- Repair works are completed, potentially exceeding statutory consultation thresholds.
- If consultation was not possible due to urgency, an application for retrospective dispensation is made to the Tribunal.
💡 Examples
- Following a fire, urgent scaffolding and repair works were carried out to reinstate a damaged roof to ensure the building was watertight and safe.
- A gable parapet fell due to poor design, leading to immediate repair works to secure the building and prevent further collapse.
- Defects identified in all parapets after a structural survey necessitated a schedule of repair works to be undertaken on a priority basis.
- Due to the urgent nature of a structural issue, repair works were completed in December 2020, and the landlord later sought dispensation for the lack of prior consultation.
📚 Legal basis
- Landlord and Tenant Act 1985
❓ Frequently asked questions
What makes repair works 'urgent'?
Repair works are considered urgent when they are necessary to ensure resident safety, maintain structural integrity, or prevent further significant damage to the property, often in response to unforeseen events like structural failures or fires.
Do landlords always have to consult before doing repair works?
For qualifying works that exceed a certain cost threshold, landlords generally must consult with leaseholders under Section 20 of the Landlord and Tenant Act 1985. However, in urgent circumstances, they can apply to a Tribunal for dispensation from these consultation requirements.
What happens if a landlord doesn't consult for non-urgent repair works?
If a landlord fails to consult for non-urgent qualifying works, they may be limited in the amount they can recover from leaseholders for those works, typically to a statutory maximum, unless dispensation is granted retrospectively.
Can I object to repair works being carried out?
During the consultation process for qualifying works, leaseholders typically have the opportunity to make representations or objections. If dispensation is sought, you may also have the chance to make representations to the Tribunal.
What is 'dispensation' in relation to repair works?
Dispensation is a determination by a Tribunal that allows a landlord to bypass some or all of the statutory consultation requirements for qualifying works, usually granted when it is reasonable to do so, such as in cases of urgency.
Who pays for repair works?
Typically, the cost of repair works in leasehold properties is recovered from leaseholders through service charges, as outlined in their lease agreements. The specific allocation of costs depends on the terms of the lease and the nature of the works.