First-tier Tribunal Grants Dispensation for Gas Detection System Replacement

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AY/LDC/2025/0649 Property : 1-22 [NAME] and 1-17 [NAME] Applicant: [redacted] London Borough of Lambeth

Respondents : [redacted] the appendix to this decision

Type of [NAME] :

Dispensation from consultation requirements under Landlord and Tenant Act 1985, section 20ZA Tribunal Member :

Judge Professor R Percival

Venue : Remote paper determination Date of Decision : 27 May 2025

DECISION

2

Decisions of the tribunal (1) The Tribunal, pursuant to section 20ZA of the Landlord and Tenant Act 1985 (“the 1985 Act”), grants dispensation from the consultation requirements in respect of the works which are the subject of the [NAME]. Procedural 1. The landlord submitted an [NAME] for retrospective dispensation from the consultation requirements in section 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”) and the regulations thereunder, dated 10 February 2025. The [NAME] is specifically to dispense with the requirements of Service Charges (Consultation Requirements) (England) 2003 Regulations, schedule 3, as the works are to be, or were, carried out by a contractor under a long-term qualifying agreement (regulation 7).

2. The right to consultation under section 20 applies to long [NAME]. The Applicant states that the two blocks that are the subject of this [NAME] are “mixed tenure”, but also that there are 18 “[NAME]” (in 18 flats). [NAME] for all 18 flats are listed in the bundle by the Applicant. I assume therefore that all 18 of the flats are held on long leases and the [NAME] are all therefore Respondents to the [NAME].

3. The Tribunal gave directions on 13 March 2025. The directions provided for a form to be distributed to those who pay the service charge to allow them to object to or agree with the [NAME], and, if objecting, to provide such further material as they sought to rely on. The [NAME] and directions were required to be sent to the [NAME] and any sublessees, and to be displayed as a notice in the common parts of the property. The deadline for return of the forms, to the Applicant and the Tribunal, was 14 April 2025.

4. The Applicant confirmed that the relevant documentation had been sent to the [NAME] and displayed as required.

5. No response from any of the [NAME] has been received by the Tribunal. The property and the works 6. The properties are two purpose-built, low-rise blocks. There are 11 flats in [NAME] and seven flats in [NAME].

3 7. The works are to replace failed and obsolete gas detection systems. The cost of the works is given as £8,069.24 for [NAME] and £7,507.23 for [NAME].

8. On 22 January 2025, the Applicant wrote to the [NAME] explaining that this [NAME] would be made, and including a useful FAQ. Determination 9. The relevant statutory provisions are sections 20 and 20ZA of the Landlord and Tenant Act 1983, and the Service Charges (Consultation etc)(England) Regulations 2003. They may be consulted at the following URLs respectively: https://www.legislation.gov.uk/ukpga/ 1985/70 https://www.legislation.gov.uk/uksi/2003/1987/contents/made 10. The Tribunal is concerned solely with an [NAME] under section 20ZA of the 1985 Act to dispense with the consultation requirements under section 20 and the regulations.

11. The Applicant’s primary submission is that there is no prejudice to the [NAME], and so the Tribunal should allow dispensation without conditions, as required by [COMPANY] v Benson and others [2013] UKSC 14, [2013] 1 WLR 854.

12. No response has been received from any of the [NAME] objecting to the [NAME] by the Tribunal (or, I assume, by the Applicant – at any rate, the Applicant has not indicated that it has received any, albeit there was no obligation to do so imposed by the directions). It is therefore clear that none of the [NAME] have sought to claim any prejudice as a result of the consultation requirements not having been satisfied. In that situation, I agree with the Applicant’s submission. [APPELLANT] requires the Tribunal to allow the [NAME], without more.

13. I note that the submission also refers to the urgency of the work, an argument that I would have accepted, given the health and safety implications of no functioning gas detection system, had it been necessary to do so.

14. This [NAME] relates solely to the granting of dispensation. If the [NAME] consider the cost of the works to be excessive or the quality of the workmanship poor, or if costs sought to be recovered through the service charge are otherwise not reasonably incurred, then it is open to them to apply to the Tribunal for a determination of those issues under section 27A of the Landlord and Tenant Act 1985.

4 Rights of appeal 15. 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 London regional office.

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

17. If the [NAME] is not made within the 28 day time limit, the [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 these reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed despite not being within the time limit.

18. The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates, 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.

Name: Judge Prof Richard Percival Date: 27 May 2025

5 APPENDIX: THE LEASEHOLDER RESPONDENTS

22 [NAME] Ms [NAME] 20 [NAME] Ms [NAME] [NAME] [NAME] and Mr [NAME] [NAME] 17 [NAME] Ms [NAME] 16 [NAME] [NAME] [NAME] 15 [NAME] [NAME] and Ms [NAME] 14 [NAME] Mr [NAME] 12 [NAME] Mr [NAME] 11 [NAME] Mrs [NAME] 7 [NAME] Mr [NAME].[NAME]. [NAME] 2 [NAME] Ms [NAME] [NAME] 1 [NAME] Mr [NAME] and Mrs [NAME] 9 [NAME] [NAME] and [NAME] 16 [NAME] Mr [NAME] [NAME] 15 [NAME] Ms [NAME] [NAME] 14 [NAME] [NAME] [NAME] 5 [NAME] Mr [NAME] and Mr [NAME] 4 [NAME] Ms [NAME] 1 [NAME] Mrs [NAME]