The council is proposing to enter into two four-year contracts, once each for the supply of electricity and gas, including for the communal parts and shared heating systems in relation to residential properties.
The council is usually required to consult all leaseholders and Recognised Tenants' Associations who may be affected, in accordance with Section 20 of the Landlord and Tenant Act 1985 (as amended)(“the Act”) and Schedule 2 of the Service Charges (Consultation Requirements) (England) Regulations 2003 (“the Regulations”).
Due to the nature of the energy markets, the council will not be able to comply with all the statutory consultation requirements and is proposing to apply to the First Tier Tribunal (Property Chamber) for dispensation from these statutory requirements.
However, although the council cannot comply with all the statutory requirements, it is nevertheless consulting with leaseholders on the proposal to enter into long-term agreements and on its approach. In addition to making any observations they wish, all leaseholders are invited to view the consultation and explanation of the council’s case for dispensation and will be able to see the application itself, directions that the Tribunal may make (which may be addressed to leaseholders), and its decision, as they become available.
Leaseholders affected by this consultation will be contacted.