First-tier Tribunal Grants Dispensation for Urgent Fire Safety Works

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BG/LDC/2025/0736 Property : [ADDRESS], [POSTCODE] Applicant : [redacted] : [COMPANY] Respondents : [redacted] : N/A Type of application : Dispensation pursuant to Section 20ZA of the Landlord and Tenant Act 1985 Tribunal members : Ms [APPELLANT] : 10 [ADDRESS] [POSTCODE] Date of decision : 4 August 2025

DECISION

2 Decision of the tribunal 1. The Tribunal determines to exercise its discretion to dispense with the consultation requirements provided by Section 20 of the Landlord and Tenant Act 1985. The application 2. [APPELLANT] applied on behalf of the Applicant on 6 May 2025 under Section 20ZA of the Landlord and Tenant Act 1985 (the Act), for dispensation from the consultation requirements provided for by Section 20 of the Act.

3. The application indicated that the subject of the dispensation application was urgent fire safety works at the Property.

4. The application explained that the reason that dispensation was sought was because the Fire Brigade inspected on 1 May 2025 and advised enforcement action would be taken if the required works were not executed as a matter of urgency. Procedure 5. The Tribunal issued directions on 22 May 2025. Following the receipt of an Order No 1 form from the Applicant, revised directions were issued on 11 June 2025 with an amended timetable.

6. In those directions the Tribunal determined that the matter be determined on the basis of the papers provided during the week commencing 4 August 2025.

7. The directions gave an opportunity for the Respondents to request a hearing. No hearing was requested so the matter has proceeded based on the papers provided for the Tribunal.

8. The directions also provided an opportunity for the Respondents to provide a statement objecting to the application. No responses were received by the Tribunal. Determination The background 9. The property is a block of flats with seven units over three floors. The Applicant is the [COMPANY].

3 10. The evidence and submissions of the Applicant is as follows: (i) The application is for an unconditional dispensation of part or all of the consultation requirements prescribed under Section 20 of the Landlord and Tenant Act 1985 in relation to works to install an Interlinked Fire Alarm System, Fire Stopping and Emergency Lighting. (ii) Correspondence from the London Fire Brigade following their inspection on 1 May 2025 confirming certain works must be undertaken immediately with others to follow urgently. (iii) Invoices for out of hours call out to supply torches and whistles at £613.55 +VAT and install smoke alarms in flats and the communal areas at £857.55 +VAT. (iv) Confirmation that installation of an interlinked fire alarm system and emergency lighting was then undertaken following a tender process. (v) Confirmation that tendering for Fire Stopping works is ongoing with three quotes between £1,966.76 +VAT and £6,958 +VAT currently being assessed.

11. No responses were received from leaseholders. The Law 12. The Tribunal is being asked to exercise its discretion under Section 20ZA of the Act. The wording of Section 20ZA, subsection (1) provides: ‘Where an application is made to a leasehold valuation tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works or qualifying long term agreements, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements’.

13. The Supreme Court in the case of [COMPANY] v Benson [2013] UKSC 14 (Daejan) is the leading authority on how the statutory provisions are to be interpreted.

4 The Tribunal’s decision 14. The Tribunal determines to grant the application. Reasons for the Tribunal’s decision 15. The statement from the Applicant explains the reasons the works need to be actioned quickly without the time afforded by a full Section 20 consultation.

16. No objections were received from leaseholders.

17. The Tribunal therefore determines that it is reasonable to grant the application sought.

18. Both parties should note that this determination does not concern the issue of whether the service charge costs demanded in connection with the works to the Interlinked Fire Alarm System, Fire Stopping and Emergency Lighting are reasonable or indeed payable. The Respondents are able, if it appears to them to be appropriate, to make an application under Section 27A of the Landlord and Tenant Act 1985 as to reasonableness and payability. Name: [NAME]: 4 August 2025

5 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 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).