First-tier Tribunal Grants Landlord Dispensation from Statutory Consultation Requirements

OUTCOME: Allowed

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Case Reference

: LON/00BE/LDC/2025/0782

Property : 18 [ADDRESS] [POSTCODE]

Applicant: [redacted]

(Freeholder)

Applicant Representative : [APPELLANT] (Managing Agent)

Respondents

: [redacted]

: Dispensation from statutory consultant requirements

Tribunal Member

: [NAME]

Date of Decision

: 7 October 2025

_______________________________________________

DECISION ____________________________________

The Tribunal grants the application for dispensation from statutory consultation in respect of the subject works, namely the repair of the Automatic Opening Vent the Property. FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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2 The applicant should place a copy of this decision together with an explanation of the [NAME]’ appeal rights on its website (if any) within seven days of receipt and maintain it there for at least three months, with a sufficiently prominent link to both on its home page. It should also display copies in a prominent position in the common parts of the Property. This decision does not affect the Tribunal’s jurisdiction upon any future application to make a determination under section 27A of the Act in respect of the reasonableness and/or the cost of the work. The Application 1) The Applicant seeks a determination pursuant to section 20ZA of the Landlord and Tenant Act 1985 (“the Act”) for dispensation from consultation in respect of repairing the Automatic Opening Vent at the Property. This included: a) Supplying, installing and commissioning the following smoke control equipment: Equipment Quantity OS2 Shevtec Controller 8 AMPS C/W BBU 2 Key switch assembly surface open / close 1 OS2 Tamper proof MCP module plate and assembly 2 Osloop coordinator 380 x 305 x 120 RAL 7035 Grey 2 Osloop tamper proof MCP module and adaptor plate assembly 14 MCP smoke extract finger plate assembly 1 MCP surface mounting box conduit entry RAL2011 orange 16 Dumb reset key assembly 2 Activation key OS2/Osloop key operated MCP 2 OS2/Osloop smoke detector head 42 Osloop smoke detector base 42 Actuator EOL monitoring resistor 14 Fan keyswitch MCP auto / boost – smoke vent 7

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b) On completion of the works O&M drawings and commissioning Certificate to be issued.

2) The Service Charges (Consultation Requirements) Regulations 2003 provide that consultation requirements are triggered if the landlord plans to carry out qualifying works which would result in the contribution of any tenant being more than £250. The cost of the works the subject of the application exceed this threshold.

3) By directions dated 5 August 2025 (the “directions”) issued by the tribunal, they directed the Applicant to prepare a statement of case, provide reasoning for the application and provide any documentation the Applicant wished to rely upon for the application. The tribunal also directed that the Applicant send each of the [NAME] the application, the tribunal’s directions, the Applicant’s statement of case and display the same in the common parts of the Property, confirming to the tribunal that it had done so. The Applicant had contacted [NAME] providing a copy of the application on 2 July 2025.

4) The directions required any leaseholder who opposed, or positively supported, the application that they should tell the tribunal. If they opposed the application, they should send the tribunal and the applicant’s representative a statement responding to the application together with any documents they wished to rely on. The tribunal received no responses from the [NAME].

5) The directions provided that the tribunal would decide the matter on the basis of written submissions unless any party requested a hearing. No such request has been made. The applicant’s case 6) The Applicant is the landlord of the Property. The Applicant’s Representative submitted an application within which it explained that the automatic opening vent had failed as no power was reaching it. A contractor ([NAME]) confirmed that this was the case and that the system is obsolete and must be upgraded.

7) The Applicant advised in their application that the main concern was a health and safety related issue in relation to the system not working and that 24/7 fire marshals would be required in the interim which is large financial burden.

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4 8) In an email provided to residents on 2 July 2025, the Applicant confirmed that [COMPANY] had provided a quote for the works which came to £31,003.56 exclusive of VAT for the works set out in paragraph 1. At the date of this decision the Tribunal is unaware as to whether these works have now been instructed and / or completed.

9) Information was issued to the [NAME] on 2 July 2025 setting out the works and explaining why they were needed. This email also provided confirmation that an application had been made to the tribunal for dispensation from the section 20 consultation requirements.

The Respondents’ case

10) There were no responses from the Respondents for the Tribunal to consider. Determination and Reasons 11) Section 20ZA(1) of the Act provides:

“Where an application 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.”

12) The whole purpose of section 20ZA is to permit a landlord to dispense with the consultation requirements of section 20 of the Act if the tribunal is satisfied that it is reasonable for them to be dispensed with.

13) The Tribunal has taken account the decision in [COMPANY] v [NAME] and others [2013] UKSC 14 in reaching its decision.

14) There is no evidence before the tribunal that the respondents were prejudiced by the failure of the Applicant to comply with the consultation requirements. The tribunal is therefore satisfied that it is reasonable to dispense with all or any of the consultation requirements in relation to the repair of the automatic opening vent.

15) Whether the works are payable under the terms of the lease, or if the works have been carried out to a reasonable standard or at a reasonable cost are not matters which fall within the jurisdiction of the tribunal in relation to this present application. This decision does not affect the tribunal’s jurisdiction upon any future application to make a determination under

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5 section 27A of the Act in respect of the reasonableness, payability and /or cost of the works.

Chairman: [NAME]: 7 October 2025

APPEAL PROVISIONS

These summary reasons are provided to give the parties an indication as to how the Tribunal made its decision. If either party wishes to appeal this decision, they should first make a request for full reasons and the details of how to appeal will be set out in the full reasons. Any request for full reasons should be made within a month. Any subsequent application for permission to appeal should be made on Form RP PTA.