First-tier Tribunal Grants Landlord Permission for Urgent Sewage Work

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) [NAME], 3-5 [ADDRESS] [POSTCODE] Applicants [COMPANY] Respondents [NAME] number MAN/00BY/LDC/2025/0614 Date of Application 25 February 2025 Type of Application Landlord and Tenant Act 1985 – Section 20ZA Tribunal Members [NAME] (Judge)

A Davis (Valuer Member) Date of Decision 17 September 2025 DECISION © CROWN COPYRIGHT 2025

DECISION The consultation requirements contained in section 20 of the Landlord and Tenant Act 1985 and in Schedule 1 of the Service Charges (Consultation Requirements) (England) Regulations 2003 (SI 2003/1987) are dispensed with in respect of the sewage pumping works.

BACKGROUND 1. On 25 February 2025 [APPELLANT] (“the Applicant”) made an Application, to the Tribunal under section 20ZA of the Landlord and Tenant Act 1985 (“the Act”), which sought dispensation from compliance with the consultation requirements provided for by section 20 of the Act. The requirements in question are those set out in Schedule 1 to the Service Charges (Consultation Requirements) (England) Regulations 2003 (“the regulations”). The Application was in respect of works to address a sewage pumping issue including installation of two new pumps and chains, as set out in the Applicant’s Case Bundle.

2. The Applicant is the registered freehold proprietor, and landlord 0f [NAME], 3-[ADDRESS] which is a 6-storey solid brick listed building converted in 2018, containing 2 blocks of 5 floors with a total of 18 flats. INSPECTION 3. The Tribunal determined that an inspection of the property was unnecessary and with the consent of the parties the determination was conducted purely on the papers. LAW 4. Section 18 of the Act defines what is meant by “service charge”. It also defines the expression “relevant costs” as: the costs or estimated costs incurred or to be incurred by or on behalf of the landlord, or a superior landlord, in connection with the matters for which the service charge is payable.

5. Section 19 of the Act limits the amount of any relevant costs which may be included in a service charge to costs which are reasonably incurred, and section 20(1) provides: Where this section applies to any qualifying works … the relevant contributions of tenants are limited … unless the consultation requirements have been either– (a) complied with in relation to the works … or

(b) dispensed with in relation to the works … by the appropriate tribunal. 6. “Qualifying works” for this purpose are works on a building or any other premises (section 20ZA(2) of the Act), and section 20 applies to qualifying works if relevant costs incurred on carrying out the works exceed an amount which results in the relevant contribution of any tenant being more than £250.00 (section 20(3) of the Act and regulation 6 of the Regulations).

7. Section 20ZA(1) of the Act provides: Where an application is made to the appropriate tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works … the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements.

8. Reference should be made to the Regulations themselves for full details of the applicable consultation requirements. In outline, however, they require a landlord (or management company) to:  give written notice of its intention to carry out qualifying works, inviting [NAME] to make observations and to nominate contractors from whom an estimate for carrying out the works should be sought;  obtain estimates for carrying out the works, and supply [NAME] with a statement setting out, as regards at least two of those estimates, the amount specified as the estimated cost of the proposed works, together with a summary of any initial observations made by [NAME];  make all the estimates available for inspection; invite [NAME] to make observations about them; and then to have regard to those observations;  give written notice to the [NAME] within 21 days of entering into a contract for the works explaining why the contract was awarded to the preferred bidder if that is not the person who submitted the lowest estimate. EVIDENCE 9. The Tribunal has received written representations from the Applicant that 05 February 2024, the Applicant was made aware that sewage ingress was occurring via the shower waste outlet of Flat 1 in the 3 [NAME] block.

10. The Applicant instructed the [NAME] [COMPANY] to investigate the blocked sewage. [NAME] reported that the issue related to the sump pump not disposing of sewage automatically. Following further investigation, it was recommended that the pump be removed to allow for a thorough diagnosis of the problem. However, the access to the pump was obstructed due to the sewage flooding and rising levels within the station.

11. On 06 February 2024, the engineer returned to the site equipped with a vacuum tanker to extract the sewage and carry out a thorough cleaning of the waste sump. Following recovery of the two pumps, the [NAME] engineer reported that the pumps were burnt out and the lifting chains were completely rotten. Additionally, the waste pipe from the basement apartment was leaking on the surrounding floor and caused wastewater build-up. [COMPANY] recommended the urgent replacement of the pumps and chains, and to install a high-level alarm to help detect station failure. The contractor submitted a quote of £7,664.17 excluding VAT (£9,197.00 including VAT) to carry out the remedial works which forms the Applicant’s costs schedule in this application.

12. The tenants have been sent copies of the Tribunal correspondence and no negative response has been received from any of the Tenants. CONCLUSIONS 13. The Tribunal must decide whether it is reasonable for the works to go ahead without the Applicant first complying with the Section 20 consultation requirements. These requirements ensure that tenants are provided with the opportunity to know about works, the reason for the works being undertaken, and the estimated cost of those works. Importantly, it also provides tenants with the opportunity to provide general observations and nominations for possible contractors. The landlord must have regard to those observations and nominations.

14. The consultation requirements are intended to ensure a degree of transparency and accountability when a landlord (or management company) decides to undertake qualifying works. It is reasonable that the consultation requirements should be complied with unless there are good reasons for dispensing with all or any of them on the facts of a particular case. 15 It follows that for the Tribunal to decide to dispense with the consultation requirements, there needs to be a good reason why the works cannot be delayed. In considering whether or not it is reasonable to do so, the Tribunal must consider the prejudice that would be caused to tenants by not undertaking the consultation while balancing this against the risks posed to tenants by not taking swift remedial action. The balance is likely to be tipped in favour of dispensation in a case in which there is or was an urgent need for remedial or preventative action, or where all the [NAME] consent

to the grant of a dispensation. The prescribed procedures are not intended to act as an impediment when urgent works are required.

16. We note that in this case although there is reference in the statement of case to a car lift repair, this appears to be in error and all other documentation refers to the sewage pump works and it is clear that the works needed to be done with significant urgency in this case. We accept the evidence form the Applicant that without completion of the Qualifying Works the amenity and indeed safety of the Respondents would have been compromised. We accept that had the Consultation Procedure been followed by the Applicant the works would have been substantially delayed and that this would have caused unreasonable hardship and loss of amenity to the [NAME].

17. In these circumstances therefore, the Tribunal considers that the Applicant’s request is reasonable and agrees with the request and grants dispensation from compliance with all of the requirements set out in Schedule 1 of the Service Charges (Consultation Requirements) (England) Regulations 2003 in respect of the sewage pump works, as set out in the Applicant’s Case Bundle.

18. We have had regard to the correspondence which has been sent to [NAME] and the fact that no objections were raised by the [NAME]. No one has suggested that these works were not urgently required. No leaseholder has suggested that they will be prejudiced were we to grant dispensation. We conclude on balance that it was reasonable for these works to proceed without the Applicant first complying with Section 20 consultation requirements. The balance of prejudice favours permitting the dispensation from the consultation requirements to be granted.

19. We would however emphasise the fact that the Tribunal has solely determined the matter of whether or not it is reasonable to grant dispensation from the consultation requirements. We note that only one quotation appears to have been obtained in respect of these works. This decision should not be taken as an indication that we consider that the amount of the anticipated service charges resulting from the works is likely to be reasonable; or, indeed, that such charges will be payable by the Respondents. We make no findings in that regard.