Landlord Granted Dispensation for Urgent Flat Roof Repairs

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AN/LDC/2024/0010 Property : 91 [ADDRESS] [POSTCODE] Applicant : [redacted] : [NAME] Respondents : [redacted] Mr [NAME] and Mrs [NAME] (Flat 3) (2) Mr [NAME] (Flat 2) (3) [NAME] [COUNSEL] & Mr [COUNSEL] (Flat 1) Representative : N/A Type of [NAME] : Dispensation from consultation – section 20ZA of the Landlord & Tenant Act 1985 Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 27 March 2024

DECISION

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Decision of the tribunal 1. The tribunal grants the [NAME] dispensation from all of the statutory consultation requirements of section 20 of the Landlord and Tenant Act 1985, in respect of the urgent works to the flat roof that were required and carried out to remedy the ingress of water into the residential parts of the premises at 91 [ADDRESS] [POSTCODE] (‘the Property’) in the sum of £1188.00 (inclusive of VAT).

________________________________________________ The [NAME] 2. The [NAME] has applied for dispensation from the statutory

consultation requirements of section 20 of the Landlord and Tenant

Act 1985 in respect of roof works required to the flat following

reports of water ingress. 3. Although a s.20 Notice of Intention had been served on the

[NAME] in about July 2023, this was no longer relied upon by the

applicants due to the urgent nature of the works. The background 4. The subject Property comprises a mid-terrace Victorian property converted into three self-contained residential units. In July 2023, the landlord’s managing agents received a report of water entering the above property and causing damage internally from the rear of the flat roof.

5. Contractors, [COMPANY] were instructed and provided a quotation for the required works. The cost however for the required works, were above the legal section 20 threshold for this property. Due to the nature of the repairs the quotation received from Hamilton Roofing was accepted and the necessary works were carried out in order to prevent further damage to this property. The hearing 6. As neither party requested an oral hearing, the tribunal determined the

[NAME] on the documents provided by the applicant in a digital

bundle of 60 pages. No objections or other representations were

received from the respondents.

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Reasons for the tribunal’s decision 5. The tribunal is satisfied the respondent [NAME] have been notified of this [NAME] and have chosen to make any representations in respect of it.

6. In reaching its decision the tribunal took into account the documentary evidence provided by the applicant.

7. In the absence of any objection from any [NAME] identifying any substantive prejudiced caused if dispensation from consultation is granted, the tribunal finds the works were of a sufficient urgency to require remedy and that it is reasonable and appropriate to grant the dispensation sought; [NAME] v Benson [2013] UKSC 14.

Name: Judge Tagliavini Date: 27 March 2024

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 [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.

4 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).