First-tier Tribunal Grants Dispensation for Urgent Guttering Works

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AY/LDC/2025/0769 Property : 36 [ADDRESS] [POSTCODE] Applicant : [redacted] : [NAME] Respondents : [redacted] (Flat A); [NAME] (Flat B); [COUNSEL] (Flat C); [COUNSEL] (Flat D) Representative : N/A Type of [NAME] : [NAME] for dispensation from consultation – s.20ZA of the Landlord and Tenant Act 1985 Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE]

Date of decision :

9 September 2025

DECISION

2

Decisions of the tribunal (1) The tribunal grants the applicant the dispensation from consultation

sought in respect of guttering works carried out at the property known

as 36 [ADDRESS] [POSTCODE]

_____________________________________________________ The [NAME] 1. This is an [NAME] pursuant to s.20ZA of the Landlord and Tenant

Act 1985 seeking dispensation from consultation in respect of

urgent guttering works.

The Property 2. The property at [ADDRESS] is an early 20th Century mid- terrace property on four floors comprising four residential flats. The background 3. On 20 June 2025, the applicant applied for dispensation from the

statutory consultation requirements in respect of urgent works to the

guttering. The applicant stated that the works had been carried out

and completed by [COMPANY] at a cost of

£1,380.00. Due to the urgent nature of the works the applicant did not

undertake any consultation with the respondents. The hearing 4. Neither party requested an oral hearing and the tribunal determined the [NAME] on the 52 page digital bundle provided by the applicant. The tribunal’s decision and reasons 5. The tribunal grants the dispensation from s.20 consultation sought by

the applicant in respect of the guttering works to the subject property. 6. The tribunal is satisfied the respondents were notified of this

[NAME]/directions and provided with an opportunity to voice any

objection to it. Neither the applicant or the tribunal received any written correspondence from the respondents either supporting or objecting to the [NAME].

3 7. In view of the urgent nature of the works, the tribunal finds it reasonable and appropriate to grant the dispensation from consultation sought by the applicant. Name: Judge Tagliavini Date: 9 September 2025

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 [NAME] for permission must be made to the First-tier Tribunal at the Regional Office which has been dealing with the case. The [NAME] should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-[NAME]-for- permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber 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).