Landlord Granted Dispensation for Urgent Roof Repairs Without Consultation

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AU/LDC/2025/0757 Property : 10 [ADDRESS] [POSTCODE] Applicant : [redacted] : [NAME] Respondent : [redacted] [NAME] : N/A Type of [NAME] : S.20ZA Landlord and Tenant Act 1985 – dispensation from consultation Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 27 August 2025

DECISION

2 The tribunal’s decision (1) The tribunal grants the applicant the dispensation sought in respect

of all works required in respect of the roof repairs that were carried out

to remedy the ingress of water into Flat 4 at the property known as 10

[ADDRESS] [POSTCODE]

The [NAME] 1. The applicant has applied for dispensation pursuant to s.20ZA of the

Landlord and Tenant Act 1985 from the statutory consultation

requirements in respect of the roof repairs required to remedy the

ingress of water into Flat 4 at the property known as 10 [ADDRESS] [POSTCODE] (‘the property’).

Background

2. The property was originally a semi-detached house constructed circa

1870 that has since been converted into four self-contained flats

constructed over basement, ground and three upper floors with Flat 1

located over the basement level and having its own front door accessed

along the left hand elevation by way of a secured gate; the remaining

three flats are accessed through a central staircase.

The hearing

4. Neither party requested an oral hearing and the determination was made

by the tribunal using the digital bundle of 55 pages provided by the

applicant.

5. The applicant confirmed that a copy of the [NAME] and the tribunal’s

directions had been provided individually to the respondents by email

and by being left in the communal area However, no representations

were received from the respondents objecting to the [NAME].

6. The applicant provided a number of invoices dated variously in May

2025 from [NAME] showing the nature and extent of the work

carried out. Further invoices included the provision and cost of

scaffolding required for access to the roof which was provided by [NAME].

3 The tribunal’s reasons

9. In the absence of any objection to the [NAME], the urgent nature

of the works, and the absence of any identified prejudice caused to the

respondents, the tribunal considers it appropriate to grant the

dispensation sought in respect of all roof works required to remedy the

ingress of water in to Flat 4; [COMPANY] v Benson

and others [2013] UKSC 14 & [2013] UKSC 54.

Name: Judge Tagliavini

Date: 27 August 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).