Retrospective Dispensation for Energy Contracts      

Securing Energy Contracts

We buy the gas and electricity that are supplied to the communal areas of your building directly, so we do this directly from the energy market to secure the best possible deal for our residents.

Over the last few years, energy prices have increased. This is why we decided in 2022 to enter into 2-year contracts for the supply of communal energy for some of our buildings – by doing so, we aimed to get the best value for residents. We had to make a quick decision in relation to this in order to secure the best deal.

Because we had to act quickly, we were unable to comply with our obligations under Section 20 of the Landlord and Tenant Act 1985, to consult with the affected tenants who pay a variable service charge for that supply to the building, before entering into contracts that lasted longer than 1 year. We have therefore made an application to the First-tier Tribunal (Property Chamber) (“the Tribunal”) for dispensation from these consultation requirements.

The contracts apply to tenants who pay a service charge for communal gas and electricity and does not affect any individual utility contracts you have entered into for your property.

Please also note that not all tenants will be affected only those who are impacted by the communal gas and electricity 2-year contracts and you will be in receipt of the letter if this is you. 

The Dispensation Process

As confirmed above, we have submitted an application to the Tribunal for dispensation from the consultation requirements. As part of this application, we have a duty to provide affected tenants with copies of the relevant documents relating to this process and to inform you of your right to support or oppose the application. The relevant documents are therefore included here.

Once the Tribunal has made a decision in this matter, the outcome will also be published here.

If you would like to receive a paper copy of our application with supporting documents and the directions, or have any questions about this application, please contact our solicitors, Anthony Collins Solicitors LLP:

Freepost RLYK-JZBZ-HRCZ, Anthony Collins Solicitors (Nehemiah UCHA), 134 Edmund Street, Birmingham, B3 2ES

Please contact our solicitors using these contact details by 7th June 2024 if you would like to receive a paper copy of our application with supporting documents (with personal leaseholder details redacted) and the directions.