First-tier Tribunal Grants Dispensation from Consultation Requirements Due to Urgency

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AG/LDC/2025/0890 Property : [ADDRESS] [POSTCODE] Applicant: [redacted] represented by [NAME] : Mr and Mrs [NAME] (flat 1) Mr [NAME] (flat 2) Mr [NAME] (flat 3) Mr [NAME] (flat 4)

Type of [NAME] : Dispensation from consultation requirements under Landlord and Tenant Act 1985 section 20ZA Tribunal Members :

Judge Professor R Percival

Venue : Remote paper determination Date of Decision : 16 December 2025

DECISION

2

Decisions of the tribunal (1) The Tribunal, pursuant to section 20ZA of the Landlord and Tenant Act 1985 (“the 1985 Act”), grants dispensation from the consultation requirements in respect of the works which are the subject of the [NAME]. Procedural 1. The landlord submitted an [NAME] for retrospective dispensation from the consultation requirements in section 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”) and the regulations thereunder, dated 2 October 2025.

2. The Tribunal gave directions on 31 October 2025. The directions provided for a form to be distributed to those who pay the service charge to allow them to object to or agree with the [NAME], and, if objecting, to provide such further material as they sought to rely on. The [NAME] and directions were required to be sent to the leaseholders and any sublessees, and to be displayed as a notice in the common parts of the property. The deadline for return of the forms, to the Applicant and the Tribunal, was 21 November 2025.

3. The Applicant confirmed that the relevant documentation had been sent to the leaseholders.

4. No response from any of the leaseholders has been received by the Tribunal. The property and the works 5. The property is a semi-detached townhouse converted into four flats. It was constructed in about 1920 and is grade II listed.

6. The works were to unblock or repair a defective gutter which was causing water ingress into the top floor flat. The Applicant reports that, given the height of the building, scaffolding was required, which took the cost above the threshold for the consultation requirements.

7. Two quotations were secured, for £2,640 and £1,850. The latter, from [NAME], was accepted, and the works are now complete. Determination 8. The relevant statutory provisions are sections 20 and 20ZA of the Landlord and Tenant Act 1983, and the Service Charges (Consultation

3 etc)(England) Regulations 2003. They may be consulted at the following URLs respectively: https://www.legislation.gov.uk/ukpga/ 1985/70 https://www.legislation.gov.uk/uksi/2003/1987/contents/made 9. The Tribunal is concerned solely with an [NAME] under section 20ZA of the 1985 Act to dispense with the consultation requirements under section 20 and the regulations.

10. First, it appears that there was a significant degree of urgency in undertaking the work, as water ingress was reported to be increasing in the top floor flat. On this basis alone, it is reasonable to grant dispensation.

11. But secondly, in any event, no response has been received from any of the leaseholders objecting to the [NAME], either by the Tribunal or, it reports, the Applicant. It is therefore clear that none of the leaseholders have sought to claim any prejudice as a result of the consultation requirements not having been satisfied. Where that is the case, the Tribunal must, quite apart from any question of urgency, allow the [NAME]: [COMPANY] v [NAME] and others [2013] UKSC 14; [2013] 1 WLR 854.

12. This [NAME] relates solely to the granting of dispensation. If the leaseholders consider the cost of the works to be excessive or the quality of the workmanship poor, or if costs sought to be recovered through the service charge are otherwise not reasonably incurred, then it is open to them to apply to the Tribunal for a determination of those issues under section 27A of the Landlord and Tenant Act 1985. Rights of appeal 13. 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 London regional office.

14. The [NAME] for permission to appeal must arrive at the office within 28 days after the Tribunal sends written reasons for the decision to the [NAME].

15. If the [NAME] is not made within the 28 day time limit, the [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 these reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed despite not being within the time limit.

4 16. The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates, 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.

Name: Judge Prof Richard Percival Date: 16 December 2026