Landlord Granted Dispensation for Urgent Building Repairs

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AY/LDC/2025/0721 Property : 27 [ADDRESS] [POSTCODE] Applicant : [redacted] Representative : [COUNSEL] - [COUNSEL] Respondents : [redacted] Representative : N/A Type of application : Section 20ZA – Dispensation from Consultation Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 30 June 2025

DECISION

2 The tribunal’s decision (i) The tribunal grants the applicant dispensation from consultation

pursuant to s.20ZA of the Landlord and Tenant Act 1985 in respect of

works to the cracked and failing buttresses as quoted by [NAME] in the sum of £6,780.00(inc. VAT)

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

consultation requirements pursuant to s.20ZA of the Landlord and

Tenant Act 1985 in respect of the repair of the concrete buttress at the

top of the building. The property 2. The subject property at 27 [ADDRESS] [POSTCODE] (‘the

property’) is a circa 1900s house which has been converted into six

residential flats. Background

3. The applicant informed the tribunal that a Notice of Intention was

issued to the leaseholders on 24 April 2025. The application is said to be

urgent because of the falling concrete from the top of the building and

the health & safety issue as a result of this. The estimated cost of the

works is said to total £6,780.00(inc. VAT) as per the quote dated 24

April 2025 from [COMPANY]. The hearing

4. Neither party requested an oral hearing and this application was decided

on the digital bundle of documents comprising 15 pages. No objections

were received from any of the leaseholder respondent by the tribunal

although the applicant confirmed that a copy of the application/bundle

had been sent to all leaseholders.

The tribunal’s reasons

5. The tribunal finds the works required are urgent and present a serious

risk to health and safety if the cracked and failing concrete is not made

safe. In the absence of any objections to this application or the

identification of any relevant prejudice that would be caused as result

of the applicant landlord’s failure to consult on these works, the tribunal

finds it reasonable and appropriate to grant the dispensation sought;

[COMPANY] v Benson and others [2013] UKSC 14.

3

Name: Judge Tagliavini

Date: 30 June 2025

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).