Landlord Granted Dispensation From Consultation Requirements Due To Urgent Repairs

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AP/LDC/2024/0088 Property : 38 [ADDRESS] [POSTCODE] Applicant : [redacted] : Ms [COUNSEL] (director) Respondent : [redacted] comprising 38 [ADDRESS] [POSTCODE] Representative : 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) In so far as it is necessary, the tribunal grants the applicant dispensation

from consultation in respect of the following works:

[COMPANY] 12126 10th May 2024 £3988.80

[NAME]. Repair report, instructions and drawings.

Invoice 87097 22nd Dec. 2023 £630

Invoice 87200. 28th Feb. 2024 £672

[NAME]. [NAME] for 38 [ADDRESS], [POSTCODE]

Invoices PW-0001227, PW-0001267 8th April 2024. £1736.40

[NAME] for 39 [ADDRESS], [POSTCODE]

Invoice 40663. 3rd April 2024. £2419.20

[COMPANY]., 23rd Feb. 2024. £3046.80

[COMPANY]. Level, movement monitoring.

KA 1440 22nd April 2024 – 14th April 2025. £906.00

[NAME], 7th Nov. 2024. Invoice 24/00902. £2304.00

Total: £15,703.20

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 works to secure the purlins at the property

known as 38 [ADDRESS] [POSTCODE] (‘the property’).

Background

2. The property consists of a Victorian end of terrace house which has been

converted into three flats. The [NAME] of the ground and first

floor flat are shareholders and directors of the [COMPANY]. The [NAME] of the second floor flat are not. The lease

requires the applicant landlord to carry out works to the structure to

which the respondents are required to contribute.

3. The [NAME] is said to be urgent because a structural engineer has

advised that the work to secure the purlins at the property, should be

carried out as soon as possible. Further major works are said to be

required but those are not the subject of this [NAME].

3 The hearing

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

by the tribunal using the digital bundle of 62 pages provided by the

applicant.

5. No representations were received from the respondents and no

documents were provided by them.

The tribunal’s reasons

6. The tribunal found the initial [NAME] to be unclear as to nature and

extent of dispensation sought. However in a letter dated 25 June 2025

the applicant, at the direction of the tribunal provided:

Details of completed works for which dispensation is sought.

[COMPANY] 12126 10th May 2024 £3988.80

[NAME]. Repair report, instructions and drawings.

Invoice 87097 22nd Dec. 2023 £630

Invoice 87200. 28th Feb. 2024 £672

[NAME]. [NAME] for 38 [ADDRESS], [POSTCODE]

Invoices PW-0001227, PW-0001267 8th April 2024. £1736.40

[NAME] for 39 [ADDRESS], [POSTCODE]

Invoice 40663. 3rd April 2024. £2419.20

[COMPANY]., 23rd Feb. 2024. £3046.80

[COMPANY]. Level, movement monitoring.

KA 1440 22nd April 2024 – 14th April 2025. £906.00

[NAME], 7th Nov. 2024. Invoice 24/00902. £2304.00

Total: £15,703.20

7. In seeking to initially comply with the s.20 consultation requirements

the applicant served a Notice of Intention to Carry Out Works dated 25

January 2024 on the respondents. This stated an intention to carry out

works indicated in a report by [COMPANY]. Subsequently, a Statement

of Estimates dated 7 March 2024 was served on the respondents

indicating the cost of the works would be in the region of £100K.

8. However, the applicant had been advised that the works to the

purlins was urgent and should be carried out before the main

superstructure repairs, that had been identified were undertaken.

4

Consequently, the repairs to the purlins were carried out and

completed by [COMPANY].

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

of the works, the tribunal considers it is appropriate, in the absence of

any prejudice caused to the respondents, to grant the dispensation

sought; [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).