A
party may apply to a court or a tribunal to avoid serving a notice under a
legal procedure. If they succeed, the court or tribunal issues a dispensation
from serving that notice.
An
example could be a tribunal allowing a group of leaseholders to acquire the
right to manage without serving a claim notice on the landlord because the
landlord is absent.
Another
example is a landlord applying to a tribunal to dispense with the need to serve
a consultation notice in relation to major works where the works are urgent and
the leaseholders will not be significantly prejudiced (eg the leaseholders can
demonstrate to the tribunal that they would have made observations on estimates
had they been properly consulted).
