Landlord Tribunal Emergency Works

Summary

If a tribunal finds that repair works were not an emergency, leaseholder liability is typically limited to £250 per leaseholder under Section 20 of the Landlord and Tenant Act 1985. The tribunal may consider the landlords reasons and leaseholders input. To challenge emergency claims, gather expert opinions, evidence of no immediate risk, and document any delayed landlord responses. If new evidence arises, leaseholders can request a review or appeal the decision.

Full Conversation

In the case where a Landlord has applied to a First Tier Tribunal to allow dispensation of Section * requirements to consult Leaseholders on costs for repair / maintenance works, on the grounds that works were deemed an emergency... if the Landlord then carries out these works prior to Section * dispensation being granted and it is later not granted by the tribunal on the grounds that the works were not, in fact, an emergency - will the decision of the tribunal be to limit Leaseholder liability to £* per leaseholder?
Case Rating: *.
Hi Nick! If the First-tier Tribunal decides that the works were not an emergency and dispensation is not granted, leaseholder liability will typically be limited to £* per leaseholder. This is in accordance with Section * of the Landlord and Tenant Act *.
Do you want to know more about how to proceed if this happens?
Yes, could the tribunal instead decide to give Landlord the opportunity to prove why it was an emergency, or Leaseholders to say what they would have if properly consulted? ... or will the decision definitely be simply to limit liability to £* (as the works have already been carried out)?
Hi Nick! Generally, the tribunal has the discretion to consider the landlord's reasons for deeming the works an emergency and can hear from leaseholders about their response if consulted. However, if it finds the emergency claim unconvincing, it is likely to limit liability to £* per leaseholder.
Want to know what steps you can take next?
Yes please
If the tribunal limits liability to £*, leaseholders can:
- Challenge the costs in writing to the landlord.
- Attend the tribunal hearing to voice their concerns.
- Seek legal advice for further action.
Would you like more details on challenging the costs or attending the tribunal hearing?
I would like to know more about how to provide evidence to the tribunal to substantiate why it was not an emergency
To provide evidence to the tribunal that the works were not an emergency, you could:
- Gather written statements from other leaseholders.
- Obtain expert opinions or reports questioning the urgency.
- Provide photos or records showing the condition prior to the works.
- Highlight any delays in the landlord's actions contradicting the emergency claim.
Do you need more specific examples or resources on gathering this evidence?
please provide specific examples and degree of substantiation required to typically contradict the emergency claim
To contradict the emergency claim, you could provide:
- Written statements from leaseholders detailing no immediate risk observed.
- Expert reports denying urgency, e.g., from a structural engineer.
- Photos showing minimal damage or deterioration.
- Records indicating delayed landlord response, implying no immediate threat.
Need more advice on obtaining expert reports?
can you elaborate on why a delayed landlord response implies no emergency and what this means
A delayed landlord response implies no emergency because an emergency situation typically requires immediate action to prevent significant damage or risk to safety. If the landlord took time before addressing the issue, it suggests the situation wasn't urgent. This can affect the tribunal's decision, as true emergencies necessitate prompt action.
Need more details on how to demonstrate this with evidence?
yes please
To demonstrate a delayed response implying no emergency, you can:
- Provide a timeline of events showing when the issue was reported and when action was taken.
- Include emails or communication records showing lack of urgency from the landlord.
- Compare the time taken with standard response times for genuine emergencies.
Would you like guidance on how to present this evidence at the tribunal?
yes please
To present evidence effectively at the tribunal:
- Prepare a clear timeline of events.
- Organize emails and communication records chronologically.
- Include expert opinions comparing response times.
- Summarize findings in a concise document.
Would you need help in finding an expert to provide an opinion?
yes please
For finding an expert to provide an opinion, you might consider contacting professional bodies or associations related to the type of work in question. For instance, the Royal Institution of Chartered Surveyors (RICS) can help you find a qualified surveyor. Do you need guidance on how to contact RICS or other specific associations?
can you please provide this conversation as a transcript file or a link where it can be accessed an viewed later?
Hi Nick! This conversation is recorded, but I can't provide a transcript file or link directly. You could take screenshots or copy-paste the conversation to save it. If you need this conversation deleted, I can do that. Would you like to explore further steps now?
yes please provide a link to access this transcript
Hi Nick! Unfortunately, I can't provide a direct link to access this transcript. You might consider copying the conversation or taking screenshots to save it. If you have any more questions or need further assistance, feel free to ask! Would you like to know more about specific steps or need help with anything else?
in regards to our conversation, if the Tribunal rules in favour of dispensation, but Leaseholders have not submitted evidence, is there scope for the tribunal's previous decision to be overturned?
Hi Nick! There is potential for a tribunal decision to be overturned if new evidence is submitted that significantly impacts the original ruling. You may need to request a review or appeal the decision.
Would you like more information on how to appeal a tribunal decision?
yes please
To appeal a tribunal decision, you can:
- Request a review: Apply to the First-tier Tribunal for a review of the decision based on new evidence.
- Appeal: Seek permission to appeal to the Upper Tribunal (Lands Chamber) if you believe there was an error in law.
Would you like guidance on how to prepare for an appeal?
If leaseholders believe the issue has been ongoing with a delayed response from the landlord and therefore not an emergency, what are the typical conditions that may allow a Landlord to argue the issue was truly an emergency?
Typical conditions that may allow a landlord to argue the issue was truly an emergency include:
- Sudden structural damage (e.g., roof collapse).
- Immediate risk to health and safety (e.g., gas leaks, electrical faults).
- Urgent repairs to prevent significant further damage (e.g., burst pipes).
Would you like to know how to challenge these claims effectively?
yes please
To challenge a landlord's emergency claims effectively, you can:
- Gather Expert Opinions: Obtain reports from engineers or other professionals disputing the urgency.
- Collect Evidence: Present photos, videos, and records showing no immediate risk.
- Document Communication: Show delays or lack of urgency in landlord's responses.
Would you like more details on how to gather and present this evidence?