Can we just do urgent works and recover the cost later?

Without dispensation, leaseholder contributions are capped at £250 per flat. For larger emergency works the dispensation application matters.

How long does a dispensation application take?

Typically 2 to 4 months. In genuine emergencies the application is often made after the works have been instructed.

Emergency Section 20 Works and Tribunal Dispensation

Key takeaway

Genuine emergencies do not remove the duty to consult, but the Tribunal can dispense with the requirement under Section 20ZA where it is reasonable to do so. The test is prejudice: whether leaseholders were disadvantaged by the lack of consultation, not simply whether the process was skipped. Dispensation can be granted with conditions, such as limiting fees or requiring disclosure. In practice, do the safety-critical work, document why it could not wait, keep evidence of cost comparison, tell leaseholders promptly, and apply for dispensation rather than hoping the issue never arises.

Sometimes works cannot wait. A failed lift, a fire safety issue or a collapsed roof needs action before a 60-day consultation can finish. Section 20ZA of the Landlord and Tenant Act 1985 allows the First-tier Tribunal to dispense with all or part of the consultation requirements.

When dispensation is appropriate

Genuine emergencies affecting safety or essential services
Insurance-driven reinstatement works on a tight timetable
Works arising from a regulator direction (e.g. BSR direction)

What the Tribunal looks for

The leading authority is Daejan v Benson. The Tribunal asks whether dispensation would cause real prejudice to leaseholders. If not, dispensation is usually granted, sometimes on conditions. The landlord must show they acted reasonably and engaged with leaseholders as much as possible in the circumstances.

Evidence that helps

Independent technical report explaining the urgency
Records of communication with leaseholders before, during and after the works
Reasonable steps to obtain competitive quotes even within the urgency
Demonstration that the chosen contractor was a sensible choice

Conditions the Tribunal may impose

Dispensation is often granted with conditions - for example a cap on recoverable costs, or a requirement to share independent expert evidence with leaseholders. Plan for these in advance.

Need to commission urgent works in a block?

We can help you weigh up whether to instruct now and seek dispensation later, or whether the works can be re-scoped to allow consultation. Talk to us before instructing the contractor.

Speak to our team about your block

We manage residential blocks and estates across Romford and East London. If this article raised a question about your specific situation, send it across - we will give you a straightforward, plain-English answer.

Request a free block review Speak to our team

Section 20ZA applications are fact-specific. Take legal advice before relying on dispensation as a strategy.

Related services & guides

Section 20 topic hub Section 20 timelines Section 20 for RTM companies Section 20 consultation support Right to Manage support Block management in Harold Hill

When to seek professional advice

Most questions on this topic are management questions rather than legal ones, and the two are worth separating. A managing agent can tell you how something works day to day and what it will cost. A solicitor tells you what your rights are and how a Tribunal is likely to view them.

Speak to a managing agent when

You need the consultation run properly - notices drafted, estimates obtained and observations logged.
You want the scope and specification tested before the works go out to tender.
You are budgeting for major works and need a reserve fund and payment plan that works for the block.

Request a free block review

Take specialist legal advice when

You need to apply to the Tribunal for dispensation.
A leaseholder is formally challenging the reasonableness of the costs.
The lease wording on recovery of the works is genuinely unclear or disputed.

East Valley Properties provides management expertise, not legal advice. Where a matter turns on the wording of your lease or on formal proceedings, we will say so and work alongside your solicitor.