Landlord Allowed to Skip Consultation Due to Urgent Safety Issues
📌 In brief
The First-tier Tribunal ruled that the landlord could skip the usual consultation process with tenants because of urgent safety issues involving falling coping stones on the roof. The decision was made to ensure the safety of the building's occupants.
⚖️ Legal holding
A landlord may be dispensed from consultation requirements if there are urgent safety concerns.
📖 What the law says
The First-tier Tribunal can allow a landlord to bypass consultation requirements if it determines that it is reasonable to do so, especially when addressing urgent safety concerns.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal allowed the landlord to bypass consultation requirements due to urgent safety concerns.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) allowed the landlord to bypass consultation requirements under the Landlord and Tenant Act 1985 due to urgent safety concerns regarding falling coping stones. The decision was based on the necessity to address immediate risks to health and safety.
📚 Full judgment Official document
OUTCOME: Allowed
Case Reference(s) : MAN/OOCY/LDC/2019/0011
Property : 31-41 Victoria Chase, Bailiff Bridge
Brighouse [POSTCODE]
Applicant: [redacted] : [APPELLANT]
Respondents : [redacted]
Type of Application : Landlord & Tenant Act 1985 – Section 20ZA
Tribunal Members : [NAME] (Deputy Regional Judge)
[NAME] (Deputy Regional Valuer)
Date of determination : 5 June 2019
Date of Decision : 11 June 2019
_______________________________________________
DECISION ____________________________________
© CROWN COPYRIGHT 2019
FIRST - TIER TRIBUNAL [NAME] (RESIDENTIAL PROPERTY)
2
Application
1. [APPELLANT] applies to the Tribunal under Section 20ZA of Landlord and Tenant Act 1985 (the Act) for dispensation from the consultation requirements of Section 20 of the Act and the Service Charges (Consultation Requirements)(England) Regulations 2003 (SI 2003/1987) in respect of work to coping stones on parapet walls on the edges of the roof at the Property.
2. The Respondents are the individual [NAME] of flats at the Property.
Grounds and Submissions
3. The application was received by the Tribunal on 18 March 2019.
4. The Applicant is the Lessor and Freeholder of the flats at the Property.
5. On 12 April 2019 the Tribunal made directions relating to service of the application and arrangements for a response. It was directed that in the absence of a request for an oral hearing the application would be determined upon the parties’ written submissions without a hearing.
6. The Property is stated to be a 3 storey purpose built block containing 6 x 2 bedroom flats, 2 flats on each floor.
7. The roof of the Property is stated to be pitched, sloping to front and rear with a small gabled roof above the communal entrance. The roof is slate or similar and at both edges of the front and rear slopes there is a low parapet wall with coping stones.
8. The Applicant stated in the application form that “….. the work relates to the coping stones as in August 2018 a number slipped and fell from their base. A risk has been identified in a second location. Initial work was required to make the block safe with a second stage to resecure and renew coping stones where broken.
9. Further information states that a Notice of Intention to Consult was prepared but an insurance claim was pursued. Although the claim was declined, work was then arranged because of the urgency.
10. The Applicant states that the urgent need for work was evident because coping stones had fallen to the ground and/or were in danger of falling to the ground. A [NAME] was engaged.
11. In accordance with directions the Applicant has provided copy standard Lease, contemporaneous emails, photographs, invoices and a case statement with a further letter of response to a Respondent’s case statement.
12. A statement of case has been received from Mr [COUNSEL], a representative of 6 Respondents. He gives details of his personal involvement following the falling stones. He comments that a consultation process could have been followed at the time and includes correspondence with RMG the Applicant’s Managers.
13. Neither the Applicant nor a Respondent requested a hearing.
3 14. The Tribunal convened without the parties to determine the application on 5 June 2019.
Law
15. Section 18 of the Act defines “service charge” and “relevant costs”.
16. Section 19 of the Act limits the amount payable by the lessees to the extent that the charges are reasonably incurred.
17. Section 20 of the Act states:- “Limitation of service charges: consultation requirements
Where this Section applies to any qualifying works…… the relevant contributions of tenants are limited……. Unless the consultation requirements have either:- a. complied with in relation to the works or b. dispensed with in relation to the works by ……. the First Tier Tribunal This Section applies to qualifying works, if relevant costs incurred on carrying out the works exceed an appropriate amount”.
18. “The appropriate amount” is defined by regulation 6 of The Service Charges (Consultation Requirements) (England) Regulations 2003 (the Regulations) as “……. an amount which results in the relevant contribution of any tenant being more than £250.00.”
19. Section 20ZA(1) of the Act states:- "Where an application is made to a 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."
Tribunal’s Conclusions with Reasons
20. We considered the written evidence accompanying the application.
Our conclusions are:-
21. It is not necessary for us to consider the extent of the service charge payable by the Respondents that has resulted from the work. If disputed when demanded an application may be made to the Tribunal under Section 27 Landlord and Tenant Act 1985.
22. We find from the evidence provided on behalf of both parties that circumstances arose in which it was necessary to ensure that the evident risk of falling masonry was countered. We note there was a delay whilst an insurance claim was pursued and alternatives considered and from the Respondents’ submissions that there was communication on their behalf with the Managers.
23. We accept that it was necessary for work to commence as quickly as possible. It is clear that the disrepair had the potential to severely impact on the health, safety, utility and comfort of occupiers and visitors to the flats and common parts at the Property.
4 24. Although formal consultation did not take place, we are satisfied it would have been impracticable at the time despite the period identified by the Respondents. The [NAME] have been informed of the position. We have not identified a specific prejudice to [NAME] in the circumstances. Comments made are properly the matter for consideration when a service charge is demanded and may be the subject of consideration under Section 27A of the Act.
25. We conclude it reasonable in accordance with Section 20ZA(1) of the Act to dispense with the consultation requirements, specified in Section 20 and contained in Service Charges (Consultation Requirements)(England) Regulations 2003 (SI 2003/1987) whether prospective or retrospective.
26. Nothing in this determination or order shall preclude consideration of whether the Applicant may recover by way of service charge from the Respondents any or all of the cost of the work undertaken or the costs of this application should a reference be received under Section 27A of the Landlord and Tenant Act 1985.
Order
27. The Applicant is dispensed from complying with the consultation requirements in respect of the work specified in the application.
[NAME] Tribunal Judge 5 June 2019
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Urgent Works Dispensation Without Consultation
- First-tier Tribunal (Property Chamber) Tribunal Grants Dispensation for Urgent Electrical Safety Works
- First-tier Tribunal (Property Chamber) Fire Alarm Repairs: Urgency Overrides Consultation Requirements
- First-tier Tribunal (Property Chamber) Landlord Granted Dispensation for Safety Works
- First-tier Tribunal (Property Chamber) Landlord Granted Urgent Repairs Dispensation in Tenancy Law Case
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Cladding Work
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Cladding Work
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Fire Safety Works
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Fire Safety Work Dispensation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Urgent Repairs Dispensation Without Hearing
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Building Works
- First-tier Tribunal (Property Chamber) Landlord Exempt from Consultation for Urgent Lift Repairs - First-tier Trib…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The court found it necessary to address the clear danger of falling masonry.
- The court accepted that the work needed to start as quickly as possible.
- The disrepair had the potential to seriously affect the health and safety of people at the property.
- The court was satisfied that formal consultation would have been impractical at the time.
- The court did not find any specific harm to the residents due to the lack of consultation.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision allowed the landlord to bypass the consultation requirements due to urgent safety concerns.
Who was involved?
The landlord and leaseholders were involved.
How did the court decide, and why?
The court decided that the landlord could bypass the consultation requirements because of the urgent safety concerns related to falling coping stones.
Which laws or rules were applied?
The Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements)(England) Regulations 2003 were applied.
What was the argument that mattered most?
The argument that mattered most was the urgent need to address safety concerns to prevent further accidents.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation might also be able to bypass consultation requirements if they can demonstrate urgent safety concerns.
What evidence or documents mattered?
Photographs, invoices, and statements from both the landlord and leaseholders mattered.
Can a decision like this be appealed?
Yes, decisions like this can be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
Yes, it is recommended to seek legal advice from a qualified solicitor for such cases.
