Landlord Granted Dispensation for Urgent Repairs to Rainwater Pipe

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference :

LON/00BA/LDC/2025/0811

Property : 1-14 [ADDRESS] [POSTCODE] Applicant : [redacted] : MCS Ref: [COUNSEL] Respondents : [redacted] : N/A Type of [NAME] : Dispensation for consultation – s.20ZA of the Landlord and Tenant Act 1985 Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 17 November 2025

DECISION

2 Decisions of the tribunal (1) The tribunal grants the applicant the dispensation from consultation

sought in respect of works of repair to a rainwater pipe and carried out

in August 2025 by [NAME].J. [NAME] ([NAME]) in the

sum of £4,380.00 (inc. VAT). _____________________________________________________ The [NAME] 1. The applicant seeks dispensation from consultation pursuant to s.20ZA

of the Landlord and Tenant Act 1985. The background 2. The subject property is a purpose-built block of 14 flats. 3. The applicant seeks dispensation from consultation in respect of works

of repair to a defective vertical rainwater pipe which has caused the

ingress of water into four flats and the communal areas and

substantial damage. One of the four flats is said to have become

uninhabitable due to the ingress of water. In addition the water ingress

presents a potential source of danger to electrical installations located in

the basement of the premises.

4. The respondents were not served with an s.20 consultation notices but

notified informally of the need for urgent works which were carried out

in August 2025 by [NAME].[NAME]. [NAME] in the sum of £4,380.00 (inc. VAT).

Subsequently, the [NAME] were individually provided

with a copy of the [NAME] and the tribunal’s Directions by the

applicant. The hearing 5. Neither party requested an oral hearing and therefore the tribunal

determined the [NAME] using the 72 digital bundle provided by the

applicant. 6. No objections to the [NAME] were received from the respondents. The decision 7. The tribunal is satisfied that works to the pump providing a water supply

to the subject premises were required as a matter of urgency. The

tribunal is also satisfied the respondents have not objected to the

[NAME] and/or have failed to show they have been caused any

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substantial prejudice by the absence of any consultation prior to the

works being carried out; [COMPANY] v [NAME]

[2011] EWCA Civ 38. 8. Therefore, the tribunal grants the dispensation from consultation sought

by the applicant in respect of works to the rainwater pipe as carried out

by [NAME].[NAME] in the sum of £4,380.00 (inc VAT)..

Name:

Judge Tagliavini Date: 17 November 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 [NAME] for permission must be made to the First- tier Tribunal at the Regional Office which has been dealing with the case. The [NAME] should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-[NAME]-for- permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber 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).

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