First-tier Tribunal Grants Dispensation for Emergency Repairs

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AG/LDC/2025/0639 Property : 30 [ADDRESS] [POSTCODE] Applicant : [redacted] : [COMPANY] ([NAME]) Respondents : [redacted] Representative :

None

Type of [NAME] :

For dispensation from the consultation requirements under Section 20ZA Landlord & Tenant Act 1985 Tribunal :

Mr [APPELLANT] (Hons) LLM Property Law MA FRICS

Date of Decision : 14 May 2025

DECISION

This has been a remote paper determination, which has been consented to by the parties. A face-to-face hearing was not held because it was not practicable, and no one requested same.

The documents the Tribunal were referred to were in a bundle of some 55 pages.

Decision

(1) The Tribunal determines that unconditional dispensation should be granted from the consultation requirements from Section 20ZA of the Landlord and Tenant Act 1985 (the Act) in respect of the property 30 [ADDRESS] [POSTCODE]. (2) We make no determination as to the reasonableness of the costs of same, these being matters which can be considered, if necessary, under the provisions of s27A and s19 of the Act. The [NAME]

1. This [NAME] received 27 January 2025, is made by [NAME] [NAME] of [COMPANY] on behalf of, the freeholder, [COMPANY].

2. The [NAME] seeks dispensation from the consultation requirements under Section 20ZA of the Landlord and Tenant Act 1985.

3. The [NAME] is concerned solely with the question of what consultation if any should be given of the consultation requirements of Section 20 of the 1985 for works costing in excess of £250 per flat. It is not concerned with the reasonableness or payability of any service charges which may arise. The Determination 4. A written [NAME] was made by [COMPANY]. The tribunal considered the written bundle of 55 pages, in support of the [NAME]. Background The property 5. The Property comprises a mid-terrace Victorian House constructed around 1875 over ground and first floor.

6. The [NAME] is made for “qualifying works”. The Form notes under “Grounds for Seeking Dispensation”; specifically, “on 2 October 2024 ..a report of water ingress into flat 2 from the terrace of flat 3. Contractors

attended and provided a cost for the works however the cost exceeded the legal threshold but due to the nature of the works we had to proceed urgently.” The [NAME] continues “no section 20s have been sent to the leaseholders however we wrote to them to advise them of the need for this works to go ahead, the cost of the work and that we would be [NAME] an [NAME] to the First tier Tribunal. We received no objections from the leaseholders.” 7. The Directions dated 12 February 2025, provided for the tenants to be given copies of the [NAME] form, and a copy of the Directions.

8. The Directions also note that any leaseholder who opposes the [NAME] should by the 13 March 2025 complete the reply form and return it to the Tribunal. The Landlord may by the 20 March 2025 provide a brief reply to any leaseholder who opposes the [NAME].

9. No evidence of leaseholders objecting has been received by the tribunal. 10.. The only issue for the Tribunal is whether or not it is reasonable to dispense with the statutory consultation requirements of Section 20 of the 1985 Act. This [NAME] does not concern the issue of whether any service charge costs will be reasonable or payable. Documents 11. The Tribunal has had recourse to the Bundle of 55 pages which includes the [NAME] form, Directions, quotations and a copy of a specimen lease. The Tribunal’s decision 12. The Tribunal grants dispensation under Section 20 ZA of the Landlord and Tenant Act 1985 and the Service Charges (Consultation) (England) 2003 for the works set out in the [NAME].

13. We are, aware of the judgment in [COMPANY] v Benson and others [2013] UKSC 14. The [NAME] for dispensation is not challenged.

14. The Supreme Court (Lord [NAME] at para 50) accepted that there must be real prejudice to the tenants. Indeed, the Respondents do not oppose the [NAME]. It is accepted that we have the power to grant dispensation on such terms as we think fit. However, the Landlord is entitled to decide the identity of the contractors who carry out the work, when they are done, by

whom and the amount. The safety net for the Respondents is to be found in Sections 19 and 27A of the Landlord and Tenant Act 1985.

16.

Accordingly, we find that unconditional dispensation should be granted.

17. Our decision is in respect of the dispensation from the provisions of s20 of the Act only. It is open to the opposing leaseholder or others to apply under the Landlord and Tenant Act 1985 Section 27A, should there be concerns over the payability and reasonableness of the service charge, these may include concerns over necessity, quality of work and its cost. [NAME]: [NAME]

14 May 2025

ANNEX – RIGHTS OF APPEAL

1. 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 at the Regional Office which has been dealing with the case.

2. 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].

3. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request to 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.

4. The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates (ie 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