statutory consultation
📖 What is statutory consultation? Meaning and definition
In the context of UK tenancy law, statutory consultation is a formal process mandated by law, primarily under the Landlord and Tenant Act 1985. It requires landlords to inform and consult with leaseholders before undertaking 'qualifying works' or entering into 'qualifying long-term agreements' where the cost to any one leaseholder will exceed a certain amount. The purpose is to give leaseholders an opportunity to comment on the proposed works, the estimated costs, and the contractors, ensuring transparency and fairness in service charge demands.
However, there are circumstances where a landlord might seek 'dispensation' from these statutory consultation requirements. This typically occurs when works are urgent, such as in cases of failed box gutters, urgent water works, or communal boiler replacements, where following the full consultation process would cause undue delay or risk. Landlords apply to the First-tier Tribunal (Property Chamber) for such dispensation.
The Tribunal can grant dispensation, either unconditionally or with conditions, allowing the landlord to proceed with the works without completing the full consultation process. It's important to note that granting dispensation only means the consultation process can be skipped; it does not determine whether the service charge costs are reasonable or payable, or who is ultimately liable for the cost of the works. These aspects can be challenged by tenants in a separate application to the Tribunal.
📋 Requirements
- Application made to the First-tier Tribunal (Property Chamber) under Section 20ZA of the Landlord & Tenant Act 1985.
- The works are 'qualifying works' requiring consultation.
- The landlord seeks dispensation from the consultation requirements.
- The Tribunal considers the urgency or circumstances of the works.
📝 Procedure
- Landlord identifies the need for works.
- Landlord applies to the Tribunal for dispensation from statutory consultation.
- Tribunal issues directions, potentially for written representations.
- Tribunal makes a decision on whether to grant dispensation.
- Applicant serves a copy of the Tribunal's decision on all relevant parties.
💡 Examples
- A landlord applied for dispensation from statutory consultation to urgently replace a failed box gutter, which was granted unconditionally by the Tribunal.
- Retrospective dispensation was granted to a landlord for urgent water works that had already been carried out, acknowledging the immediate need for the repairs.
- The Tribunal granted dispensation for a landlord to replace a communal boiler without prior consultation due to the urgency of the repair.
- A landlord was required to place a copy of the Tribunal's decision regarding dispensation on its website and in common parts of the property for at least three months.
📚 Legal basis
- Landlord & Tenant Act 1985
❓ Frequently asked questions
What does 'dispensation from statutory consultation' mean?
It means the First-tier Tribunal has given permission for a landlord to skip the usual legal requirement to consult with tenants before carrying out certain works, often due to urgency.
Why would a landlord want to skip statutory consultation?
Landlords typically seek dispensation when works are urgent, such as emergency repairs to a communal boiler or water system, where waiting to complete the full consultation process would cause further damage or risk.
Does dispensation mean I have to pay for the works?
No, granting dispensation only means the consultation process was bypassed. The Tribunal's decision explicitly states it makes no determination on whether service charge costs are reasonable or payable, or who is liable for the costs. You can still challenge the reasonableness of the costs.
Can dispensation be granted after the works have already been done?
Yes, the Tribunal can grant 'retrospective dispensation' for works that have already been completed, especially if they were urgent and could not wait for the consultation process.
How will I know if my landlord has been granted dispensation?
The Tribunal may direct the applicant (landlord) to serve a copy of the decision on all relevant parties, and in some cases, to display it prominently in the common parts of the property or on a website.
What if I disagree with the Tribunal's decision to grant dispensation?
The decision may include information about appeal rights. If you wish to challenge the decision, you should seek legal advice from a qualified solicitor promptly, as there are strict time limits for appeals.