Landlord Granted Permission to Carry Out Necessary Works Without Leaseholder Consultation

OUTCOME: Allowed

© CROWN COPYRIGHT

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

LON/00AY/LDC/2025/0770

Property : 3 [ADDRESS] [POSTCODE] Applicant : [redacted] : [NAME] 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 : 4 November 2025

DECISION

2

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

sought in respect of the installation of a large ventilation grill on the

chimney breast at the subject property and redecoration works to Flat

D at a cost of £1,667.91. _____________________________________________________ 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 semi-detached house converted into five self-

contained flats on three floors. 3. The applicant seeks dispensation from consultation in respect of the

installation of a grille to alleviate the build-up of moisture and

redecoration works to Flat D The cost of the works is said to be in the

region of £1,667.91. 4. The respondents were subsequently notified of this [NAME] for

dispensation from consultation. The hearing 5. Neither party requested an oral hearing and therefore the tribunal

determined the [NAME] using the 47 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 remedy the ongoing

moisture/damp problem into Flat D were required and redecoration

thereafter. The tribunal is also satisfied the respondents have not

objected to the [NAME] and/or have failed to show they have been

caused any substantial prejudice by the absence of any consultation prior to the works being carried out; [COMPANY] v [NAME] [2011] EWCA Civ 38.

3 8. Therefore, the tribunal grants the dispensation form consultation sought by the applicant.

Name:

Judge Tagliavini Date: 4 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).