Tribunal decision – metered gas and electricity supply agreement
The information on this page applies to leaseholders and tenants included within Coastline Housing’s application to the First-tier Tribunal regarding the procurement of metered gas and electricity supplies.
We applied to the First-tier Tribunal for permission to dispense with the usual consultation requirements that apply when entering into a qualifying long-term agreement.
The application related to the procurement of metered gas and electricity supplies for 623 properties in Cornwall. Our existing energy supply arrangements required renewal, and we proposed to use the Procurement for Housing (PfH) Energy Supply and Services Dynamic Purchasing System, with the procurement exercise managed by specialist energy consultancy Inspired Energy.
We applied for dispensation because energy prices can change quickly and quotations may only remain available for a short period. This can make it difficult to complete the full Section 20 consultation process before a quotation expires. There is also a risk that, if existing energy contracts expire before new arrangements are secured, supplies could move onto more expensive default tariffs.
Residents included within the application were given the opportunity to respond to the Tribunal. No objections to the application were received.
Decision of the Tribunal
On 24th September 2026, the Tribunal granted Coastline dispensation from the consultation requirements under Section 20 of the Landlord and Tenant Act 1985 in relation to the proposed qualifying long-term agreement for the procurement of metered gas and electricity.
The Tribunal found that residents had not suffered prejudice as a result of the full consultation process not being followed. It took into account that no leaseholders had objected to the application and accepted that carrying out the full consultation could cause delay and potentially result in supplies moving onto more expensive default tariffs.
The Tribunal also noted that it would be undesirable for this approach to become a regular pattern. Where possible, future applications for dispensation relating to utilities should be made in relation to particular agreements and prices, so residents have more information available to them when considering whether they may be affected.
The Tribunal did not make any decision about whether the costs incurred under the energy agreement are reasonable or payable through service charges. Leaseholders retain the right to challenge the payability or reasonableness of service charge costs by making a separate application to the First-tier Tribunal under Section 27A of the Landlord and Tenant Act 1985.
Rights of appeal
A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must first seek permission to do so by making a written application by email to rpsouthern@justice.gov.uk
The application must arrive at the Tribunal within 28 days after the Tribunal sends the person making the application its written reasons for the decision. If an application is made outside the 28-day time limit, it must include a request for an extension of time and explain why the application was not made within the required period. The Tribunal will decide whether to extend the time allowed.
The application must identify the Tribunal decision being appealed, set out the grounds of appeal and state the outcome the person making the application is seeking.
You can read a full copy of the First-tier Tribunal decision below.
Case reference: HAV/00HE/LDC/2026/0133
Tribunal decision – The Spinnakers fire system replacement dispensation
The information on this page applies to all leaseholders and tenants who live at, or own flats at, The Spinnakers, Hillside Road, Falmouth.
We applied to the First-tier Tribunal to ask their permission to not follow the rules in consulting residents before undertaking major works.
The application related to works to replace a fire alarm panel at the Property and provision of a waking watch whilst the works were carried out. The panel had totally failed such that it would not operate in the event of emergency.
Given the urgency of the works, no consultation was carried out and we applied for dispensation instead. The residents were informed of the requirement for the works. Had we have consulted, the delay would have hugely increased the cost of the waking watch.
Decision of the Tribunal
The Tribunal granted our application for the dispensation of all or any of the consultation requirements provided for by section 20 of the Landlord and Tenant Act 1985 (Section 20ZA of the same Act) in relation to works to replace a fire alarm panel at the Property and provision of a waking watch whilst the works were carried out.
Rights of appeal
1. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application by email to rpsouthern@justice.gov.uk
2. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.
3. If the person wishing to appeal does not comply with the 28-day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.
4. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.
You can read a full copy of the Letter to Respondents and the Decision on Dispensation below.