First-tier Tribunal Grants Dispensation for Urgent Sewage Repairs
📌 In brief
The First-tier Tribunal granted permission to a landlord to bypass formal consultation requirements for urgent repairs to the sewage and water systems. The repairs were deemed necessary to prevent health risks and environmental damage.
⚖️ Legal holding
A landlord may be dispensed from the statutory consultation requirements if the works are deemed urgent and necessary to avoid significant risks to health and the environment.
📖 What the law says
This section allows a tribunal to grant dispensation from consultation requirements if it deems it reasonable to do so. The consultation requirements refer to obligations placed on landlords to consult tenants before undertaking certain works or entering into long-term agreements.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The tribunal granted dispensation from consultation requirements for urgent works due to potential failure and flooding of the sewage and water system.
📜 Headnote Official document
The tribunal granted dispensation from consultation requirements for urgent works to repair the sewage and water system, which were under threat from failure and flooding, posing significant risks to health and the environment.
📚 Full judgment Official document
OUTCOME: Allowed
FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case Reference : CAM/33UC/LDC/2025/0608
Property : 14, 24, 28, 31, 36, 37, 38, 42, 43, 54 and 55 Peninsula Cottages, [ADDRESS], Wroxham
Applicant: [redacted]
Respondents : [redacted]
Dispensation with consultation requirements - Section 20ZA of the Landlord and Tenant Act 1985
Tribunal members : Judge Wayte
Date of decision : 14 April 2025
DECISION
Description of hearing
This has been a remote determination on the papers which the parties are taken to have consented to, as explained below. A hearing was not held because it was not necessary, and all issues could be determined on paper. The documents that I was referred to are in an indexed bundle from the Applicant. I have noted the contents, and my decision is below.
The tribunal’s decision
The tribunal determines under section 20ZA of the Landlord and Tenant Act 1985 to dispense with the consultation requirements in respect of urgent works to the sewage and water system that were under threat from failure and flooding.
The Applicant must send a copy of this decision to each of the Respondents.
Reasons for the tribunal’s decision
[NAME]
1. The Applicant applied for dispensation with the statutory consultation requirements in relation to urgent works to the sewage and water system that were under threat from failure and flooding. Any contributions from the Respondents through the service charge towards the cost of these works would be limited to £250 unless the statutory consultation requirements, prescribed by section 20 of the Landlord and Tenant Act 1985 (the “1985 Act”) and the Service Charges (Consultation etc) (England) Regulations 2003, were complied with or are dispensed with by the tribunal.
2. The Applicant seeks a determination from the tribunal, under section 20ZA of the 1985 Act, to dispense with the consultation requirements. The tribunal has jurisdiction to grant such dispensation if satisfied that it is reasonable to do so.
3. In this [NAME], the only issue for the tribunal is whether it is satisfied that it is reasonable to dispense with the consultation requirements. This [NAME] does not concern any issue of whether any service charges for the costs of the works will be reasonable or payable.
Background
4. In their [NAME] form, the Applicant said the relevant works were urgent as the sewage and water system are under threat from failure and flooding to the local water course and therefore causes a risk to health and the environment. The applicant has stated the works were beginning on 27 January 2025 and would finish on 10 March 2025. The applicant also states in [NAME] that the [NAME] were notified of the proposed works and carried out an informal consultation process.
5. On 24 February 2025, the tribunal gave case management directions for these dispensation proceedings. The directions required the Applicant to (amongst other things) write to each of the Respondent [NAME] with copies of [NAME] form and details, any other evidence relied upon and the directions. The Applicant confirms they did so on 27 February 2025 by first class post (and by e-mail to those for whom they had an e-mail address). The tribunal received an email from the applicant on 4 March 2025 to advise the tribunal that one of the letters sent to a leaseholder had an incorrect address. The applicant then obtained the correct address and issued the letter and enclosures by special delivery on 4 March 2025.
6. The applicant confirmed in their bundle at pages 70 and 77 that no responses were received from the [NAME]. The tribunal also did not receive any responses from the [NAME].
7. In the circumstances, I treat [NAME] as unopposed and, under rule 31(3) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the parties are taken to have consented to this matter being determined without a hearing. This determination is based on the documents in the bundle prepared by the Applicant in accordance with the case management directions. On reviewing these documents, I considered that a hearing was not necessary.
8. The Applicant produced documents for the determination. This included a quote from [COMPANY] detailing the scope of the work and providing two options with two quotes. A witness statement from [APPELLANT] who is the director of [APPELLANT]. They provided a description of the issues that required urgent works which includes, toilets not flushing, sewage entering up through pipes, unpleasant smells from the drains and a risk of sewage spilling into the local water course. They also explained that many contractors declined to do the works and only one [COMPANY] agreed to provide a quote. [APPELLANT] confirms the applicant decided to go ahead with option 2 provided by [APPELLANT] at a total cost of £87,592.56, as this option would provide the repaired pipes with more longevity and [COMPANY] have said they would provide a one-year warranty for this option.
The tribunal’s decision
9. This [NAME] was not opposed by the Respondents, who have not challenged the information provided by the Applicant, identified any prejudice they might suffer because of the non-compliance with the consultation requirements, given any other reasons why dispensation should not be granted or in these proceedings asked for or provided any other information. In the circumstances, based on the information provided by the Applicant (as summarised above), I am satisfied that it is reasonable to dispense with the statutory consultation requirements in relation to the relevant works.
10. As noted above, this decision does not determine whether the cost of these works is reasonable or payable as service charges under the leases, only whether the consultation requirements should be dispensed with in respect of them.
11. The tribunal determines under section 20ZA of the 1985 Act to dispense with all the consultation requirements in relation to urgent works to the sewage and water system that were under threat from failure and flooding.
12. There was no [NAME] to the tribunal for an order under section 20C of the 1985 Act. This is to prevent the applicant passing the costs of [NAME] to the [NAME] through the service charge, if so permitted under the lease.
13. The Applicant shall send a copy of this decision to the Respondents.
Judge Wayte 14 April 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.
[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 [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 [NAME] for permission to appeal to proceed, despite not being within the time limit.
[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] [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).
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Allows £250 Limit for Urgent Water Repairs Without Consultation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Electrical Repairs
- First-tier Tribunal (Property Chamber) Tribunal Grants Dispensation for Emergency Signage in Kingston Upon Thames
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Roof and Stair Works
- First-tier Tribunal (Property Chamber) Tribunal grants dispensation for urgent fire safety works in mixed-use buil…
- First-tier Tribunal (Property Chamber) Tribunal Grants £12,320 Dispensation for Urgent Roof Repairs in London
- First-tier Tribunal (Property Chamber) Tribunal grants dispensation for urgent water ingress repairs in London
- First-tier Tribunal (Property Chamber) Tribunal Grants £7,800 Roof Repairs Dispensation for London Tenants
- First-tier Tribunal (Property Chamber) Tribunal Grants Dispensation for Urgent Boiler Flue Replacement
- First-tier Tribunal (Property Chamber) Tribunal Grants £28,800 Dispensation for Urgent Roof Repairs in Broxbourne
- First-tier Tribunal (Property Chamber) Landlord Granted Dispensation for Urgent Works to Prevent Damage
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Emergency Call System Upgrade Dispensation
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The works were urgent because the sewage and water system were under threat from failure and flooding.
- The failure of the sewage and water system posed a risk to health and the environment.
- The respondents did not oppose the application for dispensation.
- The respondents did not challenge the information provided by the applicant.
- The respondents did not identify any prejudice they might suffer from non-compliance with consultation requirements.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision allowed the landlord to bypass consultation requirements for urgent works costing £87,592.56.
What was the dispute about?
The dispute was over whether the landlord needed to consult tenants before carrying out urgent repairs to the sewage and water systems.
How did the court decide, and why?
The court decided to allow the bypass of consultation requirements because the works were deemed urgent and necessary to avoid significant damage and health risks.
Which laws or rules were applied?
Section 20ZA of the Landlord and Tenant Act 1, the Service Charges (Consultation etc) (England) Regulations 2003, and the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 were applied.
What was the argument that mattered most?
The argument that mattered most was that the works were urgent and necessary to avoid significant damage and health risks.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, allowing the landlord to bypass consultation requirements.
What does this mean for someone in a similar situation?
Someone in a similar situation may be able to bypass consultation requirements if they can demonstrate that the works are urgent and necessary to avoid significant damage or health risks.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered, but it likely included a detailed description of the urgency and necessity of the works.
