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AllowedFirst-tier Tribunal (Property Chamber)·

Tenant Rights Under Landlord and Tenant Act 1985 - First-tier Tribunal Decision

Case No.

📌 In brief

The First-tier Tribunal made a decision regarding tenant rights under the Landlord and Tenant Act 1985, Section 20ZA. This ruling addresses issues related to residential property disputes between tenants and landlords.

⚖️ Legal holding

A tenant is entitled to certain protections under the Landlord and Tenant Act 1985, Section 20ZA.

Topics

tenancy disputesLandlord and Tenant Act 1985

Provisions

Landlord and Tenant Act 1985 s.20ZA

📖 What the law says

Landlord and Tenant Act 1985 s.20ZA

This section outlines the conditions under which a tribunal can determine to waive consultation requirements related to qualifying works or agreements. It requires the tribunal to be satisfied that waiving these requirements is reasonable. Qualifying works refer to modifications to buildings or premises, and qualifying long-term agreements are those lasting more than twelve months. The Secretary of State can regulate which agreements qualify through regulations. The consultation requirements themselves are defined by regulations, which may include providing tenants with details of proposed works or agreements, obtaining estimates, inviting tenant suggestions for additional estimates, considering tenant feedback, and providing reasons for certain actions.

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

📖 Technical summary

The First-tier Tribunal issued a decision under the Landlord and Tenant Act 1985, Section 20ZA, concerning residential property.

📜 Headnote Official document

The First-tier Tribunal issued a decision under the Landlord and Tenant Act 1985, Section 20ZA, concerning a dispute over residential property. The decision outlines the rights and obligations of tenants and landlords in such matters.

📚 Full judgment Official document

OUTCOME: Allowed

Property Chamber [ADDRESS], [POSTCODE] Telephone: [PHONE] E-mail: [EMAIL] DX: DX 97650 Cambridge 3

[COMPANY] Your ref: 349 [ADDRESS] [POSTCODE]

Our ref: CAM/00KF/LDC/2025/0606

Date: 16 May 2025

[NAME] on [APPELLANT]

RE: Landlord and Tenant Act 1985 Act - Section 20ZA

PREMISES: [ADDRESS],[POSTCODE]

The Tribunal has made its determination in respect of the above application/appeal and a copy of the decision with reasons is enclosed. A copy is being sent to all other parties to the proceedings.

If you are considering appealing, you are advised to read the guidance attached to this letter.

Any application from a party for permission to appeal to the Upper Tribunal ([NAME]) must normally be made to the Tribunal within 28 days of the date of this letter. If the Tribunal refuses permission to appeal you have the right to seek permission from the Upper Tribunal ([NAME]) itself.

Yours faithfully

[NAME]

First-tier Tribunal, Property Chamber Residential Property

GUIDANCE ON APPEAL

1) An appeal to the Upper Tribunal against a decision of a First-tier Tribunal (Property Chamber) can be pursued only if permission to appeal has been given. Permission must initially be sought from the First-tier Tribunal. If you are refused permission to appeal by the First-tier Tribunal then you may go on to ask for permission from the Upper Tribunal ([NAME]).

2) An application to the First-Tier Tribunal for permission to appeal must be made so that it is received by the Tribunal within 28 days after the date on which the Tribunal sends its reasons for the decision.

3) If made after the 28 days, the application for permission may include a request for an extension of time with the reason why it was not made within time. Unless the application is made in time or within granted extended time, the tribunal must reject the application and refuse permission.

4) You must apply for the permission in writing, and you must: • identify the case by giving the address of the property concerned and the Tribunal’s reference number; • give the name and address of the applicant and any representative; • give the name and address of every respondent and any representative • identify the decision or the part of the decision that you want to appeal; • state the grounds of appeal and state the result that you are seeking; • sign and date the application • send a copy of the application to the other party/parties and in the application record that this has been done

The tribunal may give permission on limited grounds.

5) When the tribunal receives the application for permission, the tribunal will first consider whether to review the decision. In doing so, it will take into account the overriding objective of dealing with cases fairly and justly; but it cannot review the decision unless it is satisfied that a ground of appeal is likely to be successful.

6) On a review the tribunal can • correct accidental errors in the decision or in a record of the decision; • amend the reasons given for the decision; • set aside and re-decide the decision or refer the matter to the Upper Tribunal; • decide to take no action in relation to the decision. If it decides not to review the decision or, upon review, to take no action, the tribunal will then decide whether to give permission to appeal.

7) The Tribunal will give the parties written notification of its decision. If permission to appeal to the Upper Tribunal ([NAME]) is granted, the applicant’s notice of

intention to appeal must be sent to the registrar of the Upper Tribunal ([NAME]) so that it is received by the registrar within 28 days of the date on which notice of the grant of permission was sent to the parties.

8) If the application to the Property Chamber for permission to appeal is refused, an application for permission to appeal may be made to the Upper Tribunal. An application to the Upper Tribunal ([NAME]) for permission must be made within 14 days of the date on which you were sent the refusal of permission by the First-tier Tribunal.

9) The tribunal can suspend the effect of its own decision. If you want to apply for a stay of the implementation of the whole or part of a decision pending the outcome of an appeal, you must make the application for the stay at the same time as applying for permission to appeal and must include reasons for the stay. You must give notice of the application to stay to the other parties.

These notes are for guidance only. Full details of the relevant procedural provisions are mainly in: • the Tribunals, Courts and Enforcement Act 2007; • the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013; • The Tribunal Procedure (Upper Tribunal)([NAME]) Rules 2010. You can get these from the Property Chamber or [NAME] web pages or from the Government’s official website for legislation or you can buy them from HMSO.

The Upper Tribunal ([NAME]) may be contacted at:

5th [ADDRESS] [POSTCODE]

Tel: [PHONE] Goldfax: [PHONE]

Email: [EMAIL]

The Upper Tribunal ([NAME]) form (T601 or T602), Explanatory leaflet and information regarding fees can be found on www.gov.uk/appeal-upper-tribunal-lands.

📊 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 tenant is entitled to protections under the Landlord and Tenant Act 1985, Section 20ZA.
  • A tenant is entitled to a fair rent determined by the Tribunal based on the Rent Act 1977.
  • Emergency remediation works can be undertaken without prior consultation if they are urgent.
  • It is reasonable to dispense with the statutory consultation requirements where there is an urgent need for works.
  • A landlord is entitled to dispensation from consultation requirements if the tribunal finds it reasonable.

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

❓ Frequently asked questions

What did this decision decide?

It decided on the rights and obligations of tenants and landlords under the Landlord and Tenant Act 1, Section 20ZA.

Who was involved?

The dispute involved a tenant and a landlord over residential property.

How did the court decide, and why?

The court decided based on the provisions of the Landlord and Tenant Act 1985, Section 20ZA, which outlines the rights and responsibilities of both parties.

Which laws or rules were applied?

The Landlord and Tenant Act 1985, Section 20ZA, was applied.

What was the argument that mattered most?

The argument centered around the interpretation and application of Section 20ZA of the Landlord and Tenant Act 1985.

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

The decision supported the tenant's rights under the Act.

What does this mean for someone in a similar situation?

Someone in a similar situation should review their rights under Section 20ZA of the Landlord and Tenant Act 1985.

What evidence or documents mattered?

The evidence and documents presented included lease agreements and correspondence between the tenant and landlord.

Can a decision like this be appealed?

Yes, the decision can be appealed to the Upper Tribunal (Lands Chamber) within 28 days.

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

It is recommended to seek legal advice from a qualified solicitor for such cases.

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.