retrospective dispensation
📖 What is retrospective dispensation? Meaning and definition
In UK tenancy law, particularly for long leaseholders, landlords usually need to consult with tenants before carrying out significant works that they intend to charge for. This is a protection for tenants to ensure transparency and reasonableness of costs. However, there are situations where these consultation requirements cannot be met, often due to urgency.
Retrospective dispensation refers to a landlord applying to the First-tier Tribunal (Property Chamber) for an order under Section 20ZA of the Landlord and Tenant Act 1985. This order allows the landlord to bypass the usual consultation process for works that have already been completed or are so urgent that there was no time to consult beforehand. The Tribunal will consider the circumstances, particularly if the works were genuinely urgent and necessary.
Common reasons for seeking retrospective dispensation include urgent repairs to address leaks, water ingress, or structural failures that pose immediate risks to the property or its occupants. For example, a leaking roof or a damaged window causing water to enter flats would typically warrant such an application. The Tribunal will assess whether the lack of consultation prejudiced the leaseholders, meaning whether they were unfairly disadvantaged by not being consulted.
📋 Requirements
- The applicant (landlord or freeholder) seeks an order pursuant to s.20ZA of the Landlord and Tenant Act 1985.
- The works in question have already been carried out or are urgently required.
- The works address issues like leaks, water ingress, or structural failures affecting the property.
- The applicant must demonstrate that the remedial work was urgent.
📝 Procedure
- The Applicant (e.g., freeholder or management company) submits an application to the Tribunal.
- The application specifically requests retrospective dispensation with consultation requirements.
- The Applicant provides details of the property and the nature of the works.
- The Applicant explains why the works were necessary and urgent, often detailing the damage or risk involved.
- The Tribunal reviews the application and makes a decision, potentially granting the dispensation.
💡 Examples
- A freeholder applied for retrospective dispensation for urgent roof and guttering repairs after water ingress was affecting multiple flats and communal areas.
- A landlord sought retrospective dispensation for replacing a VELUX window and its flashing due to a leak that was degrading the window's fixing.
- A freeholder applied for dispensation for roof repair works that had already commenced, following a failure of the roofing system that caused leaks into a flat.
- A management company requested retrospective dispensation for urgent roof repairs after water was leaking into gas cupboards and staining ceilings in residential blocks.
📚 Legal basis
- Landlord and Tenant Act 1985
❓ Frequently asked questions
What does 'retrospective' mean in this context?
In this context, 'retrospective' means that the legal permission (dispensation) is being sought after the works have already been carried out, or when the urgency of the situation meant there was no time to get permission beforehand.
Why would a landlord need retrospective dispensation?
A landlord needs it when urgent repairs, such as fixing a severe leak or structural issue, prevent them from following the usual consultation process with leaseholders before starting the work. This ensures they can still recover the costs from leaseholders without being penalised for not consulting.
What is Section 20ZA of the Landlord and Tenant Act 1985?
Section 20ZA is the specific part of the Landlord and Tenant Act 1985 that allows a landlord to apply to the First-tier Tribunal for dispensation from the consultation requirements for service charges.
Does getting retrospective dispensation mean leaseholders have to pay for the works?
Granting dispensation means the landlord has met the consultation requirements. However, it does not automatically mean the costs are reasonable or payable; leaseholders can still challenge the reasonableness of the costs themselves.
What kind of works typically qualify for retrospective dispensation?
Works that typically qualify are those deemed urgent and necessary to prevent further damage or ensure safety, such as repairing a leaking roof, replacing a failed window causing water ingress, or addressing significant damp issues from structural failures.
Can I, as a leaseholder, object to a retrospective dispensation application?
Yes, as a leaseholder, you are typically given the opportunity to make representations to the Tribunal regarding the application. The Tribunal will consider whether you have been prejudiced by the lack of prior consultation.