First-tier Tribunal Grants Dispensation for Urgent Roof Repairs

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case reference : LON/00AG/LDC/2025/0665 Property : 55 [ADDRESS] [POSTCODE] Applicant : [redacted] : [APPELLANT] Respondents : [redacted] :

N/A Type of [NAME] : [NAME] for dispensation to consult – section 20ZA of the Landlord and Tenant Act 1985 Tribunal : Judge Tagliavini Date of decision : 5 August 2025

____ ____________________

DECISION

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The tribunal’s summary decision

(1.) The tribunal grants dispensation pursuant to s.20ZA of the Landlord and Tenant Act 1985 (‘the 1985 Act’) in respect of work to:

(a) Repair and replace roof tiles.

(b) Remedy works to slope roof.

(c) Party wall bricks repair and removal with new lead.

(d) Any necessary repair works to the front and rear slated pitches.

(e) Work to include all repairs relating to timbers, battens, cross

battens, slates etc.

At the estimated cost of the works of £4,600+VAT

_________________________________________________________

The [NAME]

1. This is an [NAME] made pursuant to section 20ZA of the Landlord and Tenant Act 1985 (‘the 1985 Act’) seeking dispensation for the consultation requirements in respect of the works required to the roof and associated repairs in order to prevent water ingress.

Background

2. The property at 55 [ADDRESS] [POSTCODE] comprises a block of 5 residential flats and a commercial unit. The leases for the flats require the landlord to maintain the structure of the building including the roof, the cost of which the lessees are required to contribute by way of service charge.

3. The [NAME] is said to be urgent because the building has had an ongoing roof leak from the rear mansard, and damp patches due to adverse weather conditions, which is causing mould patches to develop internally, which are said to be detrimental to the health of the residents. The leaks are also said to be affecting the integrity of the structure.

4. The [NAME] has uploaded on its [NAME] the notice of intent for the new works required on 28 February 2025 and sent the postal version on 03 March 2025. It has also had various meeting with [NAME] affected informing them of the plans.

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5. In its directions the respondents were required by the tribunal to provide any objections to this [NAME] by 26 June 2025. However, no response/objections have been received by the tribunal from the respondents.

The hearing

6. The [NAME] was determined by the tribunal on the papers comprising a digital bundle of 94 pages as no party requested an oral hearing. In [NAME] its decision the tribunal took into account the information provided by the applicant by way of a bundle comprising 16 pages in addition to the [NAME] and the accompanying documents. No documentation was received from any of the respondents.

The tribunal’s decision and reasons

7. The tribunal grants dispensation pursuant to s.20ZA of the Landlord and Tenant Act 1985 (‘the 1985 Act’) in respect of the intended works to:

(a) Repair and replace roof tiles.

(b) Remedy works to slope roof.

(c) Party wall bricks repair and removal with new lead.

battens, slates etc.

At the estimated cost of the works of £4,600+VAT

8. The tribunal has had regard to the urgent nature of the works and the absence of any objection by any respondent to this [NAME] or the proposed works. The tribunal has also considered the absence of prejudice caused by the lack of consultation pursuant to section 20 of the985 Act in respect of both sets of works for which the applicant seeks dispensation. Therefore, in the circumstances the tribunal considers it reasonable and proportionate to grant the [NAME] sought; [COMPANY] v Benson and others [2013] UKSC 14.

Name: Judge Tagliavini

Date: 5 August 2025

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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).