urgent works exemption
📖 What is urgent works exemption? Meaning and definition
The urgent works exemption is a provision under UK tenancy law that permits landlords to carry out essential works without first completing the usual consultation process with leaseholders. This exemption is typically granted by the First-tier Tribunal under Section 20ZA of the Landlord and Tenant Act 1985. The primary reason for granting such an exemption is when the works are deemed urgent, meaning that delaying them to follow the full consultation requirements could lead to further damage to the property or pose a risk.
For the exemption to be granted, the tribunal must be satisfied that the works are genuinely urgent and in the interests of both the landlord and the leaseholders. For example, works to address rising damp or to replace a faulty ventilation system due to fire safety concerns have been considered urgent. While the exemption allows the landlord to proceed without consultation, the tribunal will still consider if leaseholders have suffered any financial prejudice due to the lack of consultation, such as not having the chance to nominate a contractor or question the cost.
Even when an exemption is granted, the tribunal may still scrutinise the reasonableness of the costs incurred, especially if the works were not put out to tender. Leaseholders might argue that without consultation, they could not ensure the best value for money. The tribunal's decision aims to balance the need for urgent repairs with the leaseholders' right to be consulted and to ensure costs are reasonable.
📋 Requirements
- The works must be of an urgent nature.
- There must be a potential for damage to the property if works are not undertaken promptly.
- The works should be for the benefit of and in the interests of both the landlord and leaseholders.
- The tribunal must determine it is reasonable to dispense with consultation requirements.
📝 Procedure
- The landlord (applicant) makes an application to the First-tier Tribunal under s.20ZA of the Landlord and Tenant Act 1985.
- The tribunal issues directions for the case management, which may include allocating it to a fast track.
- The applicant provides confirmation that the application and directions have been communicated to all lessees.
- The tribunal considers the evidence provided, including any opposition from leaseholders.
- The tribunal determines whether to dispense with the consultation requirements, considering urgency and potential prejudice to leaseholders.
💡 Examples
- A landlord sought an exemption to carry out urgent works to deal with rising damp problems at a property, which was granted because of the potential for damage.
- An exemption was granted for urgent fire safety works, specifically to replace an opening ventilation system and windows, to prevent harm to residents.
- A tribunal allowed a landlord to proceed with works without consultation after being satisfied that delaying them would cause further damage to the property.
- A landlord applied for dispensation from consultation for works to a property where leaseholders did not object to the grant of dispensation.
📚 Legal basis
- Landlord and Tenant Act 1985
- Service Charges (Consultation Requirements) (England) Regulations 2003
❓ Frequently asked questions
What does 'dispense with consultation requirements' mean?
It means the landlord is allowed to bypass the usual legal steps of consulting leaseholders before carrying out certain works, typically because the works are urgent.
When can a landlord use the urgent works exemption?
A landlord can use this exemption when works are so urgent that delaying them to follow the full consultation process would risk further damage to the property or pose a safety hazard, such as dealing with rising damp or critical fire safety repairs.
Do leaseholders have any say if an urgent works exemption is granted?
While the consultation itself is bypassed, leaseholders can still raise concerns with the tribunal, particularly regarding any financial prejudice they might suffer due to the lack of consultation, such as the reasonableness of the costs.
Does an exemption mean the landlord can charge any amount for the urgent works?
No, even with an exemption, the tribunal can still scrutinise the cost of the works to ensure they are reasonable. The landlord might need to justify the expenses, especially if competitive tenders were not obtained.
What if I, as a leaseholder, disagree with the urgency or cost of the works?
You can present your objections and evidence to the First-tier Tribunal. They will consider whether the works were truly urgent and if the costs are reasonable, even if the consultation requirements were dispensed with. It is advisable to seek advice from a qualified solicitor.