First-tier Tribunal Grants Urgent Repairs Dispensation Due to Health Risk

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Tribunal reference:

LON/00AY/LDC/2025/0660 Property:

[NAME], [ADDRESS], London [POSTCODE]

Applicant: [redacted]

[NAME] [APPELLANT]:

[COMPANY]:

Various lessees

Type of [NAME]:

Dispensation from consultation requirements

Tribunal member:

Venue: [ADDRESS] [POSTCODE]

Date of decision: 08 May 2025

DECISION © CROWN COPYRIGHT

1. This is an [NAME] made by Ms [NAME] of [APPELLANT], the managing agents, on behalf of the Applicant, its client.

2. The [NAME] is for dispensation from the consultation requirements of the Landlord and Tenant Act 1985 (“the 1985 Act”), pursuant to s.27ZA of the 1985 Act.

3. Section 20ZA(1) provides that: "Where an [NAME] is made to [the FTT] 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." 4. [NAME], [ADDRESS], London [POSTCODE] is a purpose built block of 8 flats situated near to Clapham Common.

5. Directions were given on 17 March 2025. Any lessees or sublessees who opposed the [NAME] were directed to inform the Tribunal by 02 April 2025. The Applicant has confirmed there are no such objections.

6. In its [NAME] the Applicant says:

There was a leak from a cast iron downpipe which was leaking into flat 2 which is a ground floor flat. We had original works carried out to the gutters in 2024 as a contractor had said this was the cause of the leak, however after further investigation they had seen that the down pipe was corroded towards the bottom and this was releasing water. This was causing damp within the living room of the flat and this was getting progressively worse every time it rained.

Works exceeded section 20 threshold. The tenant's child suffers with asthma and the doubt was causing the asthma to worsen, which meant we could not wait for a three month consultation to end and had to action this appropriately.

7. As stated above, there has been no objection to the [NAME] for dispensation.

8. The quoted cost of the works was £8,900.50 plus VAT.

9. The leading authority on applications for dispensation is the Supreme Court’s decision in [COMPANY] v Benson [2013] UKSC 14; [2013] HLR 2.

10. In that case the Supreme Court held that the main, indeed normally, the sole question for the Tribunal when considering how to exercise its jurisdiction in

accordance with s.20ZA(1) is the real prejudice to the tenants flowing from the landlord’s breach of the consultation requirements. The financial consequences for the landlord of not granting a dispensation is not a relevant factor. The Tribunal may grant dispensation on such conditions as it thinks fit: provided that any such conditions are appropriate in their nature and their effect.

11. There is no evidence before me of any prejudice and I am satisfied that it is reasonable to grant dispensation.

12. This decision only relates to dispensation, not to the reasonableness of the work done or its costs. These can be challenged before the FTT if necessary in separate proceedings.

Name: Judge Brilliant:

Date: 08 May 2025

Rights of appeal

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).