Section 20ZA dispensation: when landlords skip consultation

England and Wales · Law checked 24 October 2026 · Not legal advice

Free tool: Section 20 calculator. Check whether consultation was required for your share in the first place.

Section 20ZA lets the tribunal dispense with the consultation requirements if it is satisfied that it is reasonable to do so. Landlords apply for this both before urgent works and after the event.

The key case

In Daejan Investments Ltd v Benson [2013] UKSC 14, the Supreme Court said the main question is whether leaseholders suffered real prejudice because of the failure to consult. The tribunal can attach conditions, such as the landlord paying the leaseholders' reasonable costs.

How to respond to a dispensation application

• Explain concretely what you would have done: nominated a contractor, challenged the specification, proposed phasing.
• Give evidence, such as alternative quotes and expert comments.
• Ask for conditions, for example a reduction in cost or payment of your costs.

Dispensation decides only the consultation point. You can still challenge whether the cost was reasonable under section 19.