Landlord Granted Dispensation for Urgent Lighting Works Without Consultation
📌 In brief
In this case, a landlord successfully requested permission to install lighting in a communal hallway without consulting the tenants beforehand because the work was deemed urgent and necessary for safety reasons.
⚖️ Legal holding
An applicant landlord is entitled to dispensation under section 20ZA of the Landlord and Tenant Act 1985 for urgent works if there is no objection and no prejudice.
📖 What the law says
This section allows a tribunal to grant dispensation to a landlord to bypass consultation requirements for certain works or long-term agreements if the tribunal finds it reasonable to do so. It defines 'qualifying works' as works on a building or premises and 'qualifying long term agreement' as an agreement lasting over twelve months. The 'consultation requirements' refer to rules set by the Secretary of State that require landlords to consult tenants about proposed works or agreements.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The tribunal granted dispensation for urgent lighting works in a communal hallway without prior consultation.
📜 Headnote Official document
The tribunal granted dispensation to the landlord for the installation of lighting and associated works in the communal hallway of a multi-flat property, citing the urgent nature of the works and the absence of objections or prejudice.
📚 Full judgment Official document
OUTCOME: Allowed
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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BJ/LDC/2023/0142 Property : 5 [ADDRESS] [POSTCODE] Applicant : [redacted] : [COMPANY] Respondents : [redacted] (2) [NAME] (3) [NAME] : N/A
Type of application : Application for dispensation to consult – section 20ZA of the Landlord and Tenant Act 1985 Tribunal : Judge Tagliavini Date of decision : 9 August 2023
DECISION
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The tribunal’s summary decision
(1.) The tribunal grants dispensation pursuant to s.20ZA of the Landlord and Tenant Act 1985 (‘the 1985 Act’) in respect of the installation of lighting and associated works in the communal hallway at 5 [ADDRESS] [POSTCODE].
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The application
1. This is an application made pursuant to section 20ZA of the Landlord and Tenant Act 1985 (‘the 1985 Act’) seeking dispensation for the consultation requirements in respect of the installation of lighting and associated works in the hallway of 5 [ADDRESS] [POSTCODE] (‘the premises’).
Background
2. The subject premises comprises an Edwardian semi-detached house converted into three self-contained flats over three floors.
3. The applicant landlord has applied for dispensation from the statutory consultation requirements in respect of works to install lighting in the communal hallway, which includes the installation of a distribution board, 3- phase supply and to obtain a Meter point Administration Number (MPAN) from the UK Power Networks. The works are said to be urgent as there is an absence of lighting in the communal hallway and this represents a health and safety hazard.
4. The tribunal was satisfied the leaseholders had been served with notice of the application and provided with a copy of the tribunal’s Directions dated 20 June 2023. However, no response/objections have been received by the tribunal from the respondent leaseholders.
The hearing
5. The application was determined by the tribunal on the papers as no party requested an oral hearing. In making its decision the tribunal took into account the information provided by the applicant by way of a bundle comprising 50 electronic pages. No documentation was received from the respondents.
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The tribunal’s decision and reasons
6. The tribunal grants dispensation pursuant to s.20ZA of the Landlord and Tenant Act 1985 (‘the 1985 Act’) in respect of the installation of lighting and associated works in the communal hallway at the subject premises.
7. The tribunal has had regard to the urgent nature of the works as evidenced by the applicant’s Statement of Case and supporting documents and the absence of any objection by the respondents to either the works that have been carried out or to this application. The tribunal has also considered the absence of prejudice caused by the lack of consultation pursuant to section 20 of the 2985 Act in respect of the works for which the applicant seeks dispensation. Therefore, in the circumstances the tribunal considers it reasonable and proportionate to grant the application sought; [COMPANY] v Benson and others [2013] UKSC 14.
Name: Judge Tagliavini
Date: 9 August 2023
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 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.
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If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Market Rent for Property
- First-tier Tribunal (Property Chamber) Tribunal Grants Dispensation for Urgent Lift Works
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Market Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rules Tenant Breached Repair Obligations Under Lease
- First-tier Tribunal (Property Chamber) First-tier Tribunal Reviews Pitch Fee Increase Based on CPI
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Premiums for New Leases Based on Expert Valuations
- First-tier Tribunal (Property Chamber) Rent Adjustment for Assured Tenancy: First-tier Tribunal Decision
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Compressor Replacements
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Electrical Repairs
- First-tier Tribunal (Property Chamber) Right to Manage Company Granted Dispensation for Urgent Drain Works
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 works were urgent because there was no lighting in the communal hallway, posing a health and safety risk.
- The leaseholders did not object to the works or the application for dispensation.
- The tribunal found no evidence that the lack of consultation caused any harm to the leaseholders.
- The tribunal was satisfied that the leaseholders had been properly informed about the application.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided to grant dispensation to the landlord for installing lighting and related works in the communal hallway without prior consultation.
Who was involved?
The landlord and the tenants of a multi-flat property were involved.
How did the court decide, and why?
The court decided to grant the dispensation because the works were urgent and necessary for safety, and there were no objections or prejudice to the tenants.
Which laws or rules were applied?
Section 20ZA of the Landlord and Tenant Act 1985 was applied.
What was the argument that mattered most?
The urgency and necessity of the works for safety reasons were the most important arguments.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might also be able to get dispensation for urgent works if they can show the works are necessary and there are no objections or prejudice.
What evidence or documents mattered?
Evidence showing the urgency and necessity of the works was important.
Can a decision like this be appealed?
Yes, decisions like this can be appealed to the Upper Tribunal (Lands Chamber).
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for cases like this.