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AllowedFirst-tier Tribunal (Property Chamber)·

Landlord Granted Dispensation for Urgent Roof Works

Case No.

📌 In brief

The First-tier Tribunal allowed a landlord to bypass formal consultation requirements for urgent roof repairs after receiving informal consent from tenants.

⚖️ Legal holding

A landlord may be dispensed from consultation requirements if the works are urgent and there are no tenant objections.

Topics

consultation requirementsdispensationurgent works

Provisions

Landlord and Tenant Act 1985 s.20ZAService Charges (Consultation Requirements) (England) Regulations 2003

📖 What the law says

Landlord and Tenant Act 1985 s.20ZA

The First-tier Tribunal can grant an exemption from consultation requirements if it determines that it is reasonable to do so, especially when dealing with urgent works where there are no objections from tenants.

Plain-English explanation — does not replace advice from a solicitor.

📖 Technical summary

The tribunal granted dispensation from consultation requirements due to urgency and lack of tenant objections.

📜 Headnote Official document

The First-tier Tribunal granted dispensation from consultation requirements to a landlord for urgent roof works after informal consent from tenants.

📚 Full judgment Official document

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AY/LDC/2019/0005 Property : [ADDRESS], Clapham, London [POSTCODE] (“The premises”) Applicant : [redacted] (“the Landlord”) Representative : [RESPONDENT] Respondents : [redacted] (“the tenants”) Representative : N/A Type of Application :

For dispensation from the consultation requirements under section 20ZA Landlord & Tenant Act 1985 Tribunal Member :

Judge Jim Shepherd Mrs [NAME] MA MRICS

Date of Decision : 29th March 2019

DECISION

The application 1. The applicant through their agent seek an order pursuant to s.20ZA of the Landlord and Tenant Act 1985 (as amended) (“the 1985 Act”) for dispensation from all or part of the consultation requirements imposed on the landlord by section 20 of the 1985 Act1.

2. The applicant is the freeholder of premises at [ADDRESS], Clapham, London [POSTCODE] (“The premises”). The premises consist of four flats over three floors each individually owned. The Respondents are the residents of the premises.

3. The applicant seeks dispensation for various works relating to the roof to the premises. This includes erecting scaffolding for investigations and various other works described in the application.

4. According to the application water ingress was causing damage to the top floor of the premises. The Applicant was concerned about the approaching winter with the likelihood of more rain and arranged for scaffolding to be erected so that investigations could be carried out. The tenants were written to by email on 17th October 2018 and told of the estimated cost of the scaffolding and that the Applicant would be making an application to the Tribunal for dispensation as a result of concerns about the change in weather. No objections were received from the tenants and KBK were instructed to erect the scaffolding at a cost of £2595 plus VAT.

5. Once the scaffolding was erected by [COMPANY] it was found that a substantial amount of work was required to the roof as detailed in the application at paragraph 1. [COMPANY] provided a further quote for the works on 6th November 2018 of £5800 plus VAT. The leaseholders were again written to by the Applicant via email on 6th November 2018 and told that the Applicant intended to go ahead with the works quoted for. There was no objection from the tenants. KBK were instructed to carry out the works immediately. The works are now complete.

6. The landlord seeks dispensation from the statutory consultation requirements on the basis of urgency. They say that the residents have been both informally consulted.

1 See Service Charges (Consultation Requirements) (England) Regulations 2003 (SI2003/1987) Schedule 4, Part 2.

7. The tribunal did not consider that an inspection of the Building was necessary, nor would it have been proportionate to the issues in dispute.

8. The only issue for the tribunal is whether or not it is reasonable to dispense with the statutory consultation requirements of section 20 of the 1985 Act. This application does not concern the issue of whether any service charge costs will be reasonable or payable. The Tribunal’s decision 9. The Tribunal determines that an order from dispensation under section 20ZA of the 1985 Act shall be made dispensing with all of the consultation requirements in relation to the roof works outlined above and as set out in the application notice. Reasons for the Tribunal’s decision 10. The tribunal has the jurisdiction to grant dispensation under section 20ZA of the 1985 Act “if satisfied that it is reasonable to dispense with the requirements”.

11. In making its decision the tribunal had regard to the fact that the applicant has sought to carry out some consultation and keep the tenants informed of their intentions. It appears that the tenants have not objected to the works.

12. The tribunal has not received a response from any of the tenants indicating that they oppose this application despite the directions made on 15th January 2019. In any event it is not considered that the lessees have suffered any particular prejudice as a result of the failure to follow the correct consultation procedure (see [COMPANY] v Benson [2013] UKSC 14.) The Tribunal accepts that the landlord’s intentions to carry out the works before the winter weather arrived were genuine.

13. The parties should note that this decision does not concern the issue of whether any service charge costs will be reasonable or payable. The tenants have the right to challenge such costs by way of a separate application if they so wish. Name: [NAME]: 29th March 2019

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

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 landlord must prove the urgency of the works.
  • There should be no objections from tenants.
  • The landlord must show there is no prejudice to the tenants.
  • The landlord must ensure there is no opposition from tenants.
  • Tenants must not have objected to the works.

❌ Tends to be rejected

  • (No applicable factors listed in provided cases)

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

It decided to grant the landlord dispensation from consultation requirements for urgent roof works.

Who was involved?

The landlord and the tenants of the property were involved.

How did the court decide, and why?

The court decided to grant dispensation because the works were urgent and there were no objections from the tenants.

Which laws or rules were applied?

The Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003 were applied.

What was the argument that mattered most?

The argument that mattered most was the urgency of the works and the lack of objections from the tenants.

Was the decision for or against the person who brought the case?

The decision was for the landlord.

What does this mean for someone in a similar situation?

Someone in a similar situation might also be able to obtain dispensation if their works are urgent and there are no objections from tenants.

What evidence or documents mattered?

Email communications between the landlord and tenants regarding the works and the lack of objections were important.

Can a decision like this be appealed?

Yes, decisions like this can be appealed to a higher court.

Is it worth getting a solicitor for a case like this?

It is always recommended to get advice from a qualified solicitor for cases like this.

Official source: First-tier Tribunal (Property Chamber) headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.