First-tier Tribunal Approves Emergency Building Repairs Without Leaseholder Consultation

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BK/LDC/2025/0963 Properties : [ADDRESS] / 30 [ADDRESS], [POSTCODE] Applicant : [redacted] : [COMPANY] Respondents : [redacted] and 11 leaseholders of [ADDRESS], each identified in the application Representative : N/A Type of application : Dispensation from compliance with statutory consultation requirements under s20ZA Landlord and Tenant Act 1985 Tribunal members : Judge M [NAME] Judge S Walker Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 21/04/2026

DECISION

Description of hearing 1. This was a decision on the papers alone, without an oral hearing. Decision of Tribunal 2. The Tribunal grants unconditional dispensation under section 20ZA of the Landlord and Tenant Act 1985 (the “Act”) from the requirement imposed on

2 the Applicant by section 20 of the Act to consult all leaseholders in respect of the works to which this application relates, namely the provision and installation of a replacement building management computer system with associated licence at [ADDRESS] and 30 [ADDRESS], [POSTCODE] (the [COMPANY]”). The Proceedings 3. Directions were made on 20 February 2026 by Ms [APPELLANT] for the Applicant to send copies of the application form and copies of the directions to each of the leaseholders, as well as to display the application form and directions prominently at the [COMPANY], by 27 February 2026. Any Respondents who opposed the application were directed to send statements in reply to the Applicant and the Tribunal by 13 March 2026, and any party who wished to request a hearing was directed to do so by 20 March 2026.

4. On 3 March 2026 the Applicant confirmed to the Tribunal by email that it had sent copies of the application and directions to the leaseholders, and had displayed them prominently at the [COMPANY].

5. None of the Respondents have indicated any objection to the non- compliance with the statutory consultation requirements. Neither the Applicant nor any of the Respondents requested an inspection of the Property or an oral hearing. Background 6. The construction of the [COMPANY] was completed in 2010 and they are back- to-back mirrored buildings separated by a communal courtyard and connected by a basement car park. A single computer system controls the shared heating and hot water services for both [COMPANY].

7. On 18 October 2025 several residents reported problems with heating in the [COMPANY] and on 21 October 2025 an engineer confirmed that the computer controlling the [COMPANY] shared heating and hot water plant would not power up. As a result, no repairs, adjustments, or system regulation were possible: the system was inoperable.

8. A quotation for the replacement of the computer and software was obtained. Efforts were made to obtain an alternative quote but none could be without occasioning significant delay.

9. The quoted cost of the work is £9,766.80 which, divided by the 22 leaseholders, exceeds the consultation threshold of £250 for any one of them.

3 10. A section 20 Landlord and Tenant Act 1985 notice was issued to the Respondents on 26 November 2025, and an application for s20ZA Landlord and Tenant Act 1985 dispensation was made on the same day. Instructions for the works were issued, and the invoice was paid on 3 December 2025.

The law 11. The Tribunal has had regard to:

a. Sections 20, 20ZA and 27A Landlord and Tenant Act 1985; b. The Service Charges (Consultation Requirements) (England) Regulations 2003; and c. the Supreme Court decision in Daejan v Benson [2013] UKSC 14 (‘Daejan’).

12. The Tribunal notes that s20ZA(1) of the Act provides as follows: “Where an application is made to [the appropriate 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” (emphasis added).

13. The Tribunal further notes that, as set out in [NAME] at paragraph 44, the purpose of the consultation requirements is to protect tenants from paying for inappropriate works and from paying more for them than would be appropriate, and that when entertaining an application by a landlord under section 20ZA the Tribunal should focus on the extent, if any, to which the tenants were or would be prejudiced in either respect by the consultation requirements not being followed. Reasons 14. The Tribunal has not received any objections to the application from any of the Respondents.

15. In the absence of any request for a hearing this determination is made, pursuant to rule 31(3) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, on the papers which have been provided by the parties.

16. The Tribunal notes that:

a. the work, which was urgently required to restore essential heating and hot water services to tenants of the building, has already been carried out; b. efforts were made to obtain competing quotes for the work; c. none of the leaseholders have objected to the application; and

4 d. no prejudice to any of the leaseholders has been identified.

17. In these circumstances the Tribunal determines that it is reasonable to exercise its discretion to dispense with the statutory requirements for consultation. 18. It should be noted that this determination is confined to the issue of consultation and does not constitute a decision on the reasonableness of the works or their cost. Costs 19. There have been no cost applications.

Judge M [NAME]: 21 April 2026

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 application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application 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 application for permission to appeal to proceed, despite not being within the time limit. The application 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

5 number), state the grounds of appeal and state the result the party making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).