First-tier Tribunal Grants Dispensation for Urgent Major Works

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AM/LDC/2025/0722 Property : [APPELLANT] 14-28 [ADDRESS] [POSTCODE] Applicant : [redacted] Respondents : [redacted] of flats within the estate Type of [NAME] :

[NAME] under section 20ZA to dispense with consultation requirements for a scheme of Major work Tribunal : Judge Daley

Date and venue of Paper Determination : 21 August 2025 determined remotely on the papers Date of Decision : 21 August 2025

DECISION

Decision of the tribunal i. The tribunal grants dispensation in respect of the major works subject to the requirements set out in paragraph IV) of the decision. ii. The Tribunal makes no order for the cost occasioned by the [NAME] of the [NAME]. The [NAME]

1. The applicant by an [NAME], made on 28 April 2025 sought dispensation under section 20ZA of the Landlord and Tenant Act 1985 from part of the consultation requirements imposed on the landlord by section 20 of the 1985 Act1.

2. The premises which are the subject of the [NAME] are eight purpose-built blocks of flats on an estate comprising the blocks and some freehold houses. The Background 3. The [NAME] sought dispensation from the statutory consultation requirements in respect of works already carried out to the parapet wall above block 14 - [ADDRESS], due to the wall having fallen down. The works included: installation of scaffolding and safety barriers, removal of failed brickwork, cavity sealing, fitting of stainless-steel expanded metal lath, retrofit wall ties, hole filling following wall tie installation and lead step flashing.

4. The works were stated to have been carried out at a cost of £28,650 inclusive of VAT. The works started in February 2025 and were said to have been completed within a few weeks.

5. This [NAME] sought an order for dispensation of the consultation requirements in respect of the premises, on the grounds that due to the urgent nature of the works it was not possible to carry out the consultation procedure 6. Directions were given in writing on 8 July.2025, setting out the steps to be taken by the Applicant, (including serving [NAME] on the respondents) for the progress of this case. 7. [NAME] at paragraph C stated that -: “…The only issue for the tribunal is whether or not it is reasonable to dispense with

1 See Service Charges (Consultation Requirements) (England) Regulations 2003 (SI2003/1987)

the statutory consultation requirements. This [NAME] does not concern the issue of whether any service charge costs will be reasonable or payable.” (i) [NAME] also provided that -: Those [NAME] who oppose the [NAME] must by 29 July 2025 -: complete the attached form and send it by email to the Tribunal; and (ii) Send to the applicant/ landlord by email or post a statement in response to the [NAME] with a copy of the reply form by email or by post. They should send with their statement copies of any documents upon which they wish to rely. 8. [NAME] also provided that the [NAME] would be determined on the basis of written representations in the week commencing 18.08. 2025, and that any request for a hearing should be made by 12 August 2025. No request was made for a hearing, and the Tribunal satisfied itself that the matter was suitable to be dealt with on the papers. The Applicant’s case

9. The [NAME] was made on behalf of the landlord by [NAME], Ringley who are managing agents.

10. The Applicant’s case was as set out in the [NAME] form together with a witness statement from [NAME]. In her statement she set out that the work was considered to be urgent due to the collapse of the parapet wall located above blocks 14-[ADDRESS] and the fact that this posed a hazard to the health and safety of by passers, due to the risk of falling masonry.

11. The Applicant also provided confirmation in an email dated 21 July 2025 that they had sent information to the [NAME] in compliance with [NAME] of the tribunal.

12. The hearing bundle also included copies of a quotation from [NAME] and [NAME] dated 20 February 2025, which set out the scope of the work, and included photographs and provided a quote in the sum of £23,873.00 (Twenty-three thousand, eight hundred and seventy-three pounds) plus VAT.

13. This quotation was the only one provided, there were no alternative quotations, and the work was carried out by the contractor [NAME] and Perlini.

14.

There were no responses from the [NAME], either opposing or agreeing to the work.

The tribunal’s decision and reason for the decision I. The Tribunal having considered all of the circumstances in this case, it decided that the work was urgent as there was a possibility of a health and safety hazard caused by falling masonry from the parapet wall including potential injury to by passers and further damage to the building.

II. The Tribunal has considered the lease. However, the Tribunal noted that its jurisdiction in this matter is somewhat limited, and the scope is set out in Section 20ZA and as discussed by the court in [NAME] –v- [NAME] (2013) which requires the Tribunal to decide on whether the [NAME] would if dispensation is granted suffer any prejudice.

III. The Tribunal has noted that the costs of the works, Although the Tribunal does not find that there is any prejudice to the dispensation being granted it notes that no reason has been given as to why no alternative quotation was sought or why the decision was made to use [NAME] and [NAME] and whether the costs in of themselves are reasonableness or payability under the lease of the work in issue.

IV.

Accordingly, the dispensation is granted on the following terms, The Applicant shall within 28 days write to the [NAME], setting out why the quotation for the work from [NAME] and [NAME] was accepted. The [NAME] should provide details of whether there were any other quotations sought, and setting out if not, why not.

V. The applicant should further provide the Respondents with information of the full scope of the work, the provisions within the lease under which the work is carried out and if the work is within the scope of the lease, the contribution to the costs of the work to be paid by each leaseholder.

VI. The [NAME] will of course enjoy the protection of section 27A of the 1985 Act so that if they consider the costs of the work are not reasonable (on the grounds set out above or any other ground) they

may make an [NAME] to the tribunal for a determination of their liability to pay the resultant service charge. VII. No applications were made for costs before the tribunal.

Judge Daley Date 21 August 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] 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).

Appendix of relevant legislation

Landlord and Tenant Act 1985 Section 27A (1) An [NAME] may be made to a leasehold valuation tribunal for a determination whether a service charge is payable and, if it is, as to - (a) the person by whom it is payable,

(b) the person to whom it is payable, (c) the amount which is payable, (d) the date at or by which it is payable, and (e) the manner in which it is payable. (2) Subsection (1) applies whether or not any payment has been made. (3) An [NAME] may also be made to a leasehold valuation tribunal for a determination whether, if costs were incurred for services, repairs, maintenance, improvements, insurance or management of any specified description, a service charge would be payable for the costs and, if it would, as to - (a) the person by whom it would be payable, (b) the person to whom it would be payable, (c) the amount which would be payable, (d) the date at or by which it would be payable, and (e) the manner in which it would be payable. (4) No [NAME] under subsection (1) or (3) may be made in respect of a matter which - (a) has been agreed or admitted by the tenant, (b) has been, or is to be, referred to arbitration pursuant to a post-dispute arbitration agreement to which the tenant is a party, (c) has been the subject of determination by a court, or (d) has been the subject of determination by an arbitral tribunal pursuant to a post-dispute arbitration agreement. (5) But the tenant is not to be taken to have agreed or admitted any matter by reason only of having made any payment. Section 20 (1) Where this section applies to any qualifying works or qualifying long term agreement, the relevant contributions of tenants are limited in accordance with subsection (6) or (7) (or both) unless the consultation requirements have been either— (a) complied with in relation to the works or agreement, or (b) dispensed with in relation to the works or agreement by (or on appeal from) a leasehold valuation tribunal. (2) In this section “relevant contribution”, in relation to a tenant and any works or agreement, is the amount which he may be required under the terms of his lease to contribute (by the payment of service charges) to relevant costs incurred on carrying out the works or under the agreement. (3) This section applies to qualifying works if relevant costs incurred on carrying out the works exceed an appropriate amount.

(4) The Secretary of State may by regulations provide that this section applies to a qualifying long term agreement— (a) if relevant costs incurred under the agreement exceed an appropriate amount, or (b) if relevant costs incurred under the agreement during a period prescribed by the regulations exceed an appropriate amount. (5) An appropriate amount is an amount set by regulations made by the Secretary of State; and the regulations may make provision for either or both of the following to be an appropriate amount— (a) an amount prescribed by, or determined in accordance with, the regulations, and (b) an amount which results in the relevant contribution of any one or more tenants being an amount prescribed by, or determined in accordance with, the regulations. (6) Where an appropriate amount is set by virtue of paragraph (a) of subsection (5), the amount of the relevant costs incurred on carrying out the works or under the agreement which may be taken into account in determining the relevant contributions of tenants is limited to the appropriate amount. (7) Where an appropriate amount is set by virtue of paragraph (b) of that subsection, the amount of the relevant contribution of the tenant, or each of the tenants, whose relevant contribution would otherwise exceed the amount prescribed by, or determined in accordance with, the regulations is limited to the amount so prescribed or determined.]

1. [POSTCODE] Consultation requirements: supplementary (1) Where an [NAME] 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 agreement, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements. (2) In section 20 and this section— "qualifying works" means works on a building or any other premises, and "qualifying long term agreement" means (subject to subsection (3)) an agreement entered into, by or on behalf of the landlord or a superior landlord, for a term of more than twelve months. (3) The Secretary of State may by regulations provide that an agreement is not a qualifying long term agreement— (a) if it is an agreement of a description prescribed by the regulations, or (b) in any circumstances so prescribed.

(4) In section 20 and this section "the consultation requirements" means requirements prescribed by regulations made by the Secretary of State. (5) Regulations under subsection (4) may in particular include provision requiring the landlord— (a) to provide details of proposed works or agreements to tenants or the [COMPANY] representing them, (b) to obtain estimates for proposed works or agreements, (c) to invite tenants or the [COMPANY] to propose the names of persons from whom the landlord should try to obtain other estimates, (d) to have regard to observations made by tenants or the [COMPANY] in relation to proposed works or agreements and estimates, and (e) to give reasons in prescribed circumstances for carrying out works or entering into agreements. (6) Regulations under section 20 or this section— (a) may make provision generally or only in relation to specific cases, and (b) may make different provision for different purposes. (7) Regulations under section 20 or this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. [...]

2. The relevant Regulations referred to in section 20 are those set out in Part 2 of Schedule 4 of the Service Charge (Consultation etc) (England) Regulations 2003.