First-tier Tribunal Grants Landlord Permission to Use Existing Scaffolding for Repairs

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BC/LDC/2025/0987 Property : Vector Point, 1-5 Hainault Bridge Parade, [POSTCODE] Applicant : [redacted] : [RESPONDENT] ([NAME] reference GMB/VEC001-0011)

Respondent : [redacted] schedule attached to the application Representative : N/A Type of application :

Application under s.20ZA Landlord and Tenant Act 1985 – dispensation from consultation

Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 13 April 2026

DECISION

2

The tribunal’s decision (1) The tribunal grants the dispensation from consultation sought by the

applicant in respect of the utilisation of already erected scaffolding to

enable the inspection of the building and undertake any necessary

remedial works to remedy identified defects.

_____________________________________________________

Background 1. The applicant has applied for dispensation from the statutory

consultation requirements in respect of works to remedy water ingress

to the communal areas of the sixth floor of the property at Vector

Point, 1-5 Hainault Bridge Parade, [POSTCODE] (‘the property’).

2. The subject property is a residential property comprising 24 flats over 6

storeys. Vector Point is located next to a railway line. As such, consent

from Network Rail is required to erect scaffolding at Vector Point.

[NAME] has already obtained the requisite consent. As such if the roof

repairs are undertaken by [NAME] it will obviate the need for further

consent to be obtained.

3. The applicant informed the tribunal it was intended to utilise already

erected scaffolding to enable the inspection of the building and

undertake any necessary remedial works to remedy identified defects.

The scaffolding was scheduled to be in place from March 2026 to

facilitate replacement of defective ACM cladding affixed to the building.

The ACM cladding works are part funded by the [NAME]

([NAME]). 4. A Notice of Intention date 7 October 2025 was sent to the parties

informing them of the applicant’s intention to (1) reinstate missing fascia

and (2) erect scaffolding and survey the roof and (3) carry out necessary

repairs identified. This dispensation application was made in respect of

the works to remedy the water ingress to the sixth floor only it does not

seek dispensation for the [NAME] funded cladding replacement work. The hearing 5. Neither party requested a hearing and the application was determined

on the papers provided, which a digital bundle of 80 pages. The

applicant relied upon a witness statement of [APPELLANT],

director of [COMPANY] and dated 11/12/2025.

3 6. Responses were received from only 2 of the long leaseholder respondents

who stated in similar terms:

I do not oppose the application. Undertaking these works while

scaffolding is already erected avoids the need for additional

scaffolding and will reduce overall costs for [NAME].

The statutory consultation process exists to provide [NAME]

with important safeguards, in relation to transparency

regarding the works, the procurement process, and the

associated costs. Dispensing with consultation removes these

safeguards.

In these circumstances, I ask the Tribunal to consider whether

[NAME] could suffer financial burden if dispensation is

granted without sufficient information being provided

regarding the nature of the works and the basis on which the

associated costs have been determined.

7. The applicant provided a Statement in Reply which told the tribunal that

until an inspection of the roof had been carried out it was not known

what works were required or their cost. Reasons 8. The tribunal is satisfied that it is reasonable to grant the applicant the

dispensation form consultation sought in respect of the utilisation of

already instructed scaffolding, the carrying out of an inspection and the

undertaking of any identified remedial works required. 9. The tribunal is satisfied they have failed to demonstrate that any

substantive prejudice has or will be caused by the grant of dispensation;

[COMPANY] v [NAME] & others [2013] UKSC 14 & [2013]

UKSC 54. The tribunal’s Directions expressly stated that:

This application does not concern the issue of whether any

service charge costs will be reasonable or payable, or the

possible application or effect of the Building Safety Act 2022 10. It is for the respondents, not the tribunal, to demonstrate the

[NAME] will be caused (other) substantial prejudice by the

dispensation from consultation. The reasonableness and payability of

the cost of these works can be challenged by the respond [NAME] in

due course, should they choose to make the appropriate application. 11. Therefore, the tribunal grants the dispensation from consultation sought

by the applicant.

4

Name: Judge Tagliavini

Date: 13 April 2026

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 application for permission must be made to the First-tier Tribunal at the Regional Office which has been dealing with the case. The application should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta- application-for-permission-to-appeal-a-decision-to-the-upper- tribunal-lands-chamber The application for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application 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 application for permission to appeal to proceed, despite not being within the time limit. The application 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 making the application is seeking. If the Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).