First-tier Tribunal Grants Dispensation for Urgent Fire Safety Works

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Tribunal reference :

LON/00BH/LDC/2025/0666 Property :

[ADDRESS] [POSTCODE]

Applicant: [redacted]

Respondents

Various lessees Representative :

Type of application:

Dispensation from consultation requirements

Tribunal members :

Venue : [ADDRESS] [POSTCODE]

Date of decision : 08 May 2025

DECISION © CROWN COPYRIGHT

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

2. The application 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 application 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. [ADDRESS] [POSTCODE] is a purpose built block of 16 flats situated in Chingford (“the building”).

5. Directions were given on 11 March 2025. Any lessees or sublessees who opposed the application were directed to inform the Tribunal by 08 April 2025. There are no such objections in the bundle provided.

6. In its application the Applicant says:

We are seeking dispensation from the consultation requirements under Section 20 of the Landlord and Tenant Act 1985 due to the urgent nature of the works. A fire door survey confirmed that all communal doors were noncompliant, posing a significant risk to the fire safety integrity of the building. Given this immediate safety concern, the Directors determined that the works needed to proceed without delay. While a Notice of Intention has been issued and multiple tenders were obtained to ensure cost-effectiveness, full consultation was not undertaken due to the urgency of the situation. Dispensation is therefore being sought to allow the necessary works to proceed without the risk of challenge.

7. As stated above, there has been no objection to the application for dispensation.

8. The cost of the works was £10,320.00 plus VAT which has been paid.

9. The leading authority on applications for dispensation is the Supreme Court’s decision in [COMPANY] v Benson [2013] UKSC 14; [2013] HLR 2.

10. In that case the Supreme Court held that the main, indeed normally, the sole question for the Tribunal when considering how to exercise its jurisdiction in accordance with s.20ZA(1) is the real prejudice to the tenants flowing from the landlord’s breach of the consultation requirements. The financial consequences for the landlord of not granting a dispensation is not a relevant factor. The Tribunal may grant dispensation on such conditions as it thinks fit: provided that any such conditions are appropriate in their nature and their effect.

11. There is no evidence before me of any prejudice and I am satisfied that it is reasonable to grant dispensation.

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: 08 May 2025

Rights of appeal

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).