Tribunal Grants £10,000 in Balcony Repairs Dispensation for London Flats

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AN/LDC/2025/0719 Property : [ADDRESS] [POSTCODE] Applicant : [redacted] : [COUNSEL] – D&G Block Management Respondents : [redacted] : N/A Type of [NAME] : Section 20ZA – Dispensation from Consultation Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 30 June 2025

DECISION

2 The tribunal’s decision (i) The tribunal grants the applicant dispensation from dispensation in

respect of the additional works required and incidental to the repair of a

balcony and ceiling below pursuant to s.20ZA of the Landlord and

Tenant Act 1985.

The [NAME] 1. The landlord/applicant has applied for dispensation from the statutory

consultation requirements pursuant to s.20ZA of the Landlord and

Tenant Act 1985, in respect of repairs to a balcony and the ceiling below.

The [NAME] is said to be urgent in order to prevent further water

penetration. The property 2. The subject property at [ADDRESS] [POSTCODE] (‘the property’) comprises a 2015

warehouse conversions into 12 residential flats. The property is

divided into 2 blocks with the top floor flats in both blocks contain

balconies at the rear of the property.

Background

3. Section 20 notices were previously sent to leaseholders in 2023 with the

intended works started in December 2025. However, further works were

identified as being required, specifically works to remedy the discharge

of water into the block through one of the balconies and subsequent

remedial works as identified by [NAME] [NAME] of [NAME] in her emailed letter dated 23 January 2025.

The hearing

4. Neither party requested an oral hearing and this [NAME] was decided

on the digital bundle of documents comprising 70 pages. [NAME] objected to the [NAME] on the grounds of (i) costs (ii) a

lack of urgency on the part of the applicant to carry out the s.20

works and (iii) the absence of a claim on the 10 year warranty/insurance.

The tribunal’s reasons

5. The tribunal accepts the original s.20 works were delayed until

September 2024 due to the slow collection of the necessary funds. The

tribunal also accepts that these further works were not identifiable until

commencement of the exploratory work I or about September 2024. The

tribunal also accepts the written explanation of Ms [NAME] as to need

3

for and urgency of these works in order to protect the integrity of the

property and address health and safety concerns.

6. The tribunal finds that the concerns raised both directly and indirectly

by the [NAME] relate mainly to the issue of the cost of these

additional works. However as stated in the tribunal’s directions dated

20 May 2025 ‘This [NAME] does not concern the issue of

whether any service charge costs will be reasonable or

payable.’ Consequently, any challenge to the cost of these works must

be made by way of the appropriate [NAME].

7. In all the circumstances the tribunal considers these additional works to

the and associated with the balcony were unforeseeable, necessary and

urgent. Further, the tribunal find the [NAME] who has objected to

dispensation being granted, has not identified any relevant prejudice

that would be caused as result of the applicant landlord’s failure to

consult on these additional works, [RESPONDENT] v

[NAME] and others [2013] UKSC 14.

8. Therefore, the tribunal finds it is reasonable and appropriate to grant the

dispensation from consultation sought by the applicant, in respect of the

addition works required to one balcony and associated remedial works.

Name: Judge Tagliavini

Date: 30 June 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].

4 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).