Fire Safety Works Consultation Dispensation Granted

OUTCOME: Allowed

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER

(RESIDENTIAL PROPERTY)

Case Reference : MAN/00DB/LDC/2024/0055

Property : [ADDRESS] [POSTCODE]

Applicant: [redacted]

Respondents : [redacted]

Type of [NAME] : Landlord & Tenant Act 1985 – Section 20ZA

Tribunal : Tribunal Judge L Brown

Tribunal Member [NAME] of Decision : 4 December 2025

DECISION

Dispensation for the Works described in paragraph 4 is granted pursuant to section 20ZA of the Landlord and Tenant Act 1985.

The [NAME]

1. [NAME] dated 31 July 2024 was made by [APPELLANT], as managing agent on behalf of [APPELLANT], the freeholder and landlord, of the Property which comprises 31 apartments with parking to the rear and external fire escape, within a converted police station.

2. The Respondents are the [NAME] of the residential flats in the Property, who were identified to the Tribunal by the Applicant with the [NAME] together with a specimen lease for [ADDRESS] [POSTCODE], the contents of which the Tribunal understands is identical for all of the apartments concerned.

© CROWN COPYRIGHT 2025

3. The Applicant seeks dispensation pursuant to section 20ZA of the Landlord and Tenant Act 1985 (“the Act”) in respect of consultation requirements in relation to certain qualifying works, within the meaning of the Act.

4. The qualifying works comprise replacement of the one ground floor rear entrance door leading from the car park and the three fire door exits on the external staircase. The reason for urgency for the works is because the doors did not meet adequate fire safety standards and allowed access to trespassers.

5. The only issue is whether it is reasonable to dispense with the statutory consultation requirements.

Paper Determination

6. Directions were made on 4 July 2025.

7. Those directions provided, amongst other things, that the applicant must within 28 days of the date of the directions, send to the Tribunal, with a copy to each respondent, a bundle of documents consisting of:

a. the Tribunal [NAME] form;

b. a statement of case explaining why the [NAME] had been made;

c. any correspondence sent to the [NAME] in relation to the works

d. detailed reasons for the urgency of the works and the consequences upon the [NAME] of any delay

e. any quotes or estimates for the proposed works and relevant reports; and

f. copies of any other documents the Applicant sought to rely on in evidence.

8. The directions also provided that any leaseholder who opposed the [NAME] must within 21 days of receipt of the documents referred to at paragraph 7 above complete and return the reply form attached to the directions and send it to the applicant and Tribunal together with a statement in response to the [NAME] and any documents and witness statements which they sought to reply on in evidence.

9. The Applicants provided the documents that they proposed to rely upon in support of their [NAME] to the Respondents on 17 July 2025. No responses from [NAME] were provided and no objections to the [NAME] were submitted to the Tribunal by any Respondent, none of whom have taken any part in the proceedings.

10. The directions provided that the tribunal considered the matter to be one that could be resolved by way of submission of written evidence and stated that, if any party wished to make oral representations, that party should request a hearing.

11. No such request has been made and the [NAME] has been determined by the Tribunal on the papers submitted by the Applicant.

12. The directions expressly state that the [NAME] concerns only whether or not it is reasonable to dispense with the consultation requirements and does not concern the issue of whether any service charge costs resulting from any such works are reasonable or payable and that it will be open to the [NAME] to challenge any such costs charged by the Applicant.

The Law

13. Section 20ZA(1) of the Act provides that:

‘Where an [NAME] is made to a tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works or qualifying long term agreement, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements.’

14. The Supreme Court in the case of [COMPANY] v [NAME] and others [2013] UKSC 14 set out certain principles relevant to section 20ZA. Lord [NAME], having clarified that the purpose of sections 19 to 20ZA of the act was to ensure that tenants are protected from paying for inappropriate works and paying more than would be appropriate, went on to state:

‘it seems to me that the issue on which the [Tribunal] should focus when entertaining an [NAME] by a landlord under section 20ZA(1) must be the extent, if any, to which the tenants were prejudiced in either respect by the failure of the landlord to comply with the requirements’.

Findings of Fact

15. The Tribunal is satisfied that the [NAME] was properly brought and is in proper form.

16. The Applicant seeks dispensation from the consultation requirements as the works, which are qualifying works, were required urgently as the safety and security of the Property and residents was at risk.

17. The Applicant issued a Notice of Intention on 31 July 2024 in respect of the Works and provided to the Tribunal a copy of one quotation for the Works of £7,275 plus VAT. which was later increased to £7,900 plus VAT for a metal door to the ground floor. The Works were completed in October 2024.

18. There is no evidence that any objections to the [NAME] was submitted.

19. The Tribunal is satisfied that [NAME] secure and fire-safety compliant the external doors of the Property is in the interests of the Respondents.

20. In the absence of any submissions from any Respondent objecting to the works or to the [NAME], or contending that granting the Applications would result in prejudice, the Tribunal finds no evidence that the Respondents would suffer prejudice in the event that the [NAME] for dispensation from the consultation requirements was granted.

Determination

24. In the circumstances set out above, the Tribunal considers it reasonable to dispense with the consultation requirements. Dispensation is granted pursuant to section 20ZA of the Landlord and Tenant Act 1985.

25. This decision does not affect the Tribunal's jurisdiction upon any future [NAME] to make a determination under section 27A of the Act as to the reasonableness and standard of the work and/or whether any service charge costs are reasonable and payable.

Tribunal Judge L Brown

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have.

If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case.

The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME].

If the [NAME] is not made within the 28 day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit.

The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number) state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking.

If the Tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).

[ADDRESS] [POSTCODE]

Apartment 1 [NAME] 2 [NAME] and [NAME] 3 [COMPANY] 4 [COMPANY] 5 [NAME] [NAME] & Mrs [NAME] 6 [NAME] [NAME] [NAME] 7 [NAME] [NAME] 8 [NAME] 9 [NAME] [NAME] [NAME] 10 [NAME] 11 [NAME] [NAME] [NAME] 12 [COMPANY] (UK) [COMPANY] 12a [COMPANY] 14 [NAME] 15 [NAME] [NAME] and [NAME] [NAME] 16 [NAME] [NAME] and Mrs [NAME] 17 [NAME] [NAME] 18 [NAME] 19 [NAME] 20 [NAME] [NAME] and [NAME] 21 [NAME] [NAME] & Mrs [NAME] 22 [NAME] [NAME] & Mrs [NAME] 23 [NAME] 24 [NAME] [NAME] [NAME] a d Mrs [NAME] [NAME] 25 Arif Rajpura

Apartment 26 [NAME] 27 [NAME] and [NAME] [NAME] S [NAME] 28 [NAME] 29 [NAME] [NAME] 30 [NAME] 31 [COMPANY] 0502

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER

(RESIDENTIAL PROPERTY)

Case Reference : MAN/00DB/LDC/2024/0055

Property : [ADDRESS] [POSTCODE]

Applicant: [redacted]

Respondents : [redacted]

Type of [NAME] : Landlord & Tenant Act 1985 – Section 20ZA

Tribunal : Tribunal Judge L Brown

Tribunal Member [NAME] of Decision : 4 December 2025

DECISION

The [NAME]

© CROWN COPYRIGHT 2025

Paper Determination

6. Directions were made on 4 July 2025.

a. the Tribunal [NAME] form;

The Law

13. Section 20ZA(1) of the Act provides that:

Findings of Fact

Determination

Tribunal Judge L Brown

Rights of appeal

[ADDRESS] [POSTCODE]

Apartment 1 [NAME] 2 [NAME] and [NAME] 3 [COMPANY] 4 [COMPANY] 5 [NAME] [NAME] & Mrs [NAME] 6 [NAME] [NAME] 7 [NAME] [NAME] 8 [NAME] 9 [NAME] [NAME] [NAME] 10 [NAME] 11 [NAME] [NAME] [NAME] 12 [COMPANY] (UK) [COMPANY] 12a [NAME] [COMPANY] 14 [NAME] 15 [NAME] [NAME] [NAME] and [NAME] [NAME] 16 [NAME] [NAME] and Mrs [NAME] 17 [NAME] [NAME] 18 [NAME] [NAME] 19 [NAME] 20 [NAME] [NAME] and [NAME] 21 [NAME] [NAME] & Mrs [NAME] 22 [NAME] [NAME] & Mrs [NAME] 23 [NAME] 24 [NAME] [NAME] a d Mrs [NAME] 25 [NAME] 26 [NAME] 27 Miss [NAME] L [NAME] and [NAME] [NAME] 28 [NAME] 29 [NAME] [NAME] 30 [NAME] 31 [COMPANY] 0502