First-tier Tribunal Grants Emergency Works Dispensation Without Leaseholder Consultation

OUTCOME: Allowed

© CROWN COPYRIGHT 2025

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AE/LDC/2025/0768 Property : [ADDRESS] [POSTCODE] Applicant : [redacted] [NAME] Respondents :

[redacted] the property

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 on the papers remotely Date of Decision : 21 August 2025

DECISION

Decision of the tribunal

i. The tribunal grants dispensation in respect of the major works relating to roof repairs at the premises of ascertaining the source of a leak and carrying out repairs.

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 22 July 2022 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 a purpose-built block, of 15 flats over 3 storeys. The Background 3. The Applicant/landlord applied for dispensation from the statutory consultation requirements in respect of works which had already been carried at the premises due to a leak coming from the roof of the building and affecting flat no 8. The works were carried out on an emergency basis.

4. The works included lifting the roof tiles to find the source of the leak, investigations, installation of scaffolding and roof repairs. The works started on 2nd June 2025 and were completed at a cost £5,880 inclusive of VAT.

5. In the [NAME] stated that no consultation had been carried out due to the urgency of the work.

6. The work was undertaken before consultation could be carried out.

7. Directions were given in writing on 8.07.2025, setting out the steps to be taken by the Applicant, (including serving [NAME] on the respondents) for the progress of this case. 8. [NAME] at paragraph C stated that -: “…The only issue for the tribunal is whether or not it is reasonable to dispense with 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

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

email or by post. They should send with their statement copies of any documents upon which they wish to rely. 9. [NAME] also provided that the [NAME] would be determined on the basis of written representations in the week commencing 17 August 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 10. The [NAME] was made on behalf of the landlord by [NAME] who are the managing agents. The Applicant’s case was as set out in the [NAME] form and a short witness statement from [NAME[NAME] which confirmed the matters sated in the [NAME] and compliance with the Tribunal directions.

11. There was also a report together with photographs of the damp and the affected areas and a quotation for the work from [COMPANY], the roofing contractor in the sum of £4650.00 plus VAT.

12. The bundle also included a further witness statement from the solicitor with conduct of this matter Ms [COUNSEL] [NAME] dated 12 August 2025, which corrected an error within [NAME[NAME] statement confirming that the cost of the work was the lower sum of £5580.00 rather than £5880.00.

13. There were no responses from the [NAME], either opposing or in support of the [NAME]. The tribunal’s decision and reason for the decision I. The Tribunal was provided with a bundle comprising 51 pages. The Tribunal having considered all of the circumstances in this case, accepted that the work was urgent as there was damage being sustained to flat 8, with the possibility that the damp and damage would continue to affect the flat and result in more extensive work being necessary.

II. The Tribunal has been provided with a copy of the lease; however, it has not made any finding in relation to the reasonableness or payability within the terms of the lease. 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 Daejan –v- [NAME] (2013). The requirement of the Tribunal is to decide on whether the [NAME] would if dispensation is granted suffer any prejudice. Although the

Tribunal does not find that there is any prejudice to the dispensation being granted. The Tribunal in accordance with the limit in its jurisdiction considers that it is for the landlord to satisfy itself that the work is within the scope of the lease and to determine the proportion payable by each [NAME].

III. Further the Applicant shall within 56 days 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 the service charge contribution to the costs of the work to be paid by each [NAME].

IV. 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.

V. No applications were made for costs before the tribunal. Judge M 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 [NAME], 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.