First-tier Tribunal Grants Dispensation for Fire Safety Measures

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Tribunal reference :

LON/00BK/LDC/2025/0628

Property :

30 [ADDRESS] [POSTCODE]

Applicant: [redacted]

Mr [COUNSEL] of [APPELLANT] Respondents

Various lessees Representative :

Type of [NAME]:

Dispensation from consultation requirements Tribunal members :

Venue : [ADDRESS] [POSTCODE]

Date of decision : 01 April 2025

DECISION

© CROWN COPYRIGHT

1. This is an [NAME] made by Mr [NAME]. [NAME] of [APPELLANT] (“the managing agents”) on behalf of the Applicant, its client.

2. The [NAME] is for dispensation from the consultation requirements of the Landlord and Tenant Act 1985 (“the 1985 Act”), pursuant to s.27ZA of the 1985 Act.

3. Section 20ZA(1) provides that: "Where an [NAME] is made to [the FTT] for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works …, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements." 4. 30 [ADDRESS] [POSTCODE] is a purpose built 1980’s block of 12 flats situated in [ADDRESS] (“the building”).

5. Directions were given on 05 February 2025.

6. This [NAME] concerns (a) the fire alarm panel and (b) emergency lighting at the building.

7. They failed their bi-annual tests carried out by [NAME] [COMPANY] (“[NAME]”). On fire alarm panel and 44 emergency lights have been replaced.

8. The work has already been carried out as being necessary to prevent danger to the occupants of the building.

9. There has been no objection to the [NAME] for dispensation.

10. I am satisfied that it is reasonable to grant dispensation.

11. I note that there is an allegation by leaseholders that the works, which were carried out by [NAME] by the choice and arrangement of the managing agents, were unreasonably expensive.

12. This decision only relates to dispensation, not to the reasonableness of the work done or its costs. These can be challenged before the FTT if necessary in separate proceedings.

Name: Judge Brilliant

Date: 01 April 2025

Rights of appeal

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).