Leasehold consultation on supply of gas and electricity contract

Notice of the Decision made by the First Tier Tribunal Property Chamber (Residential Property) following the application by Wandsworth Borough Council for Dispensation of all or any of the Consultation Requirements contained in S.20 of the Landlord and Tenant Act 1985, in respect of the renewal of procurement contracts for the supply of Gas and Electricity

Wandsworth Council have applied to the First Tier Tribunal Property Chamber (Residential Property) for permission to dispense with the consultation requirements of S20 Landlord and Tenant Act 1985 concerning the renewal of the procurement contract for the supply of gas fuel to power these boilers and for the electricity that power these communal facilities.

The Tribunal has previously granted the Council dispensation and the Council entered into a framework agreement for the supply of gas and electricity. The current framework term for both Gas and Electricity flexible arrangements end on 30 September and they must be renewed for the period October 2020 to September 2024.

To enter into a contract for that period of time the Regulations require that we serve you with two consultation notices, allowing a 30-day consultation period on both Notices.  Unfortunately, if the council had to comply with this procedure we would not be able to enter into a contract to purchase as the price of gas and electricity is available for a very limited period of time and if we had to give you 30 days the price would be continually changing and the prices given to you during the consultation would become quickly out of date.

The Council has therefore applied to the First Tier Tribunal Property Chamber (Residential Property) for permission to dispense with the consultation requirements for the procurement of these contracts only.

All leaseholders are invited to view the directions, application and details of the Council’s case for dispensation.

Please see:

Determination

The Tribunal has considered the above matter and has granted the Council permission to dispense with the consultation requirements imposed by the Landlord and Tenant Act 1985 in respect of the renewal of its agreement with LASER for the purchase of gas and electricity power contracts for the period from 1 October 2020 to 30 September 2024.

As directed by the Tribunal a copy of the decision and the rights to appeal has been published.

All leaseholders are invited to view the decision online.

If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must first be made by email to the First-tier Tribunal at London.RAP@justice.gov.uk. The application for permission to appeal must arrive at the Tribunal before 28 August 2020.

More Information

If you require any further information please contact:

  • By post:
    • Mrs M Ennafii, Senior Consultation Officer
      HRD Department
      The Town Hall
      Wandsworth High Street
      London
      SW18 2PU
  • Telephone: 020 8871 8498/ 8465/ 8499/ 8497
  • Email: mennafii@wandsworth.gov.uk

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Updated: 04/10/2022