Tribunal Allows Urgent Roof Repairs Without Consultation

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AW/LDC/2025/0799 Property : 26 [ADDRESS], [POSTCODE] Applicant : [redacted] of [COUNSEL]) Representative : [COMPANY] Respondents : [redacted] [NAME] C S & Mr [NAME] J [NAME] (Flats 2 and 3) [NAME] [NAME] (Flat 4) [NAME] [NAME] [NAME] (Flat 5) Mr [NAME] (Flat 6)

Type of [NAME] : Dispensation with Consultation Requirements under section 20ZA Landlord and Tenant Act 1985 Tribunal member :

Judge Robert Latham

Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 15 September 2025

DECISION

The Tribunal grants this [NAME] to dispense retrospectively with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985 without condition in respect of urgent roof repair works.

2 The [NAME]

1. By an [NAME], dated 15 July 2025, the Applicant applies for dispensation from the statutory duty to consult in respect of roof repair works. 2. [ADDRESS] is a mid-terrace residential property located in London W8. There are six flats over five storeys. The building has a lead-covered roof structure over timber supports, with roof-mounted water tanks situated above the top floor flat. A recent inspection revealed that part of the roof was currently being propped up by an acrow support due to failing and split roof timbers. The structural condition has rendered the roof unsafe for access, with significant ponding observed and areas showing signs of deflection. A tank cupboard had been built over the area requiring structural repair, further complicating access and works. Core sampling during inspection confirmed a build-up of close boarding with 18mm plywood and dry substrate in the tested area, although full sampling was restricted due to safety risks on the roof.

3. The works involve the safe removal of roof-mounted water tanks, roof strengthening, and the design and installation of a new pumped water supply system. These measures are necessary due to the fragile condition of the existing roof structure. The timber structure is visibly split and deflected, and the roof is deemed unsafe for access without edge protection or scaffolding. A large tank cupboard situated over the affected area further complicates access. The top floor flat beneath the tanks is currently uninhabitable due to these structural safety concerns. Initial inspections and design proposals began in late 2024.

4. The Applicant has notified the [NAME] of the proposed works. The cost of the works is not currently known. Current available reserves (£8,500) and sinking funds (£8,000) may be insufficient to cover the full costs, and additional contributions are likely to be necessary. On 19 August 2025, scaffolding was erected to enable the Applicant to assess the scope of the works that may be required.

5. On 31 July 2025, the Tribunal issued Directions. The Directions stated that the Tribunal would determine the [NAME] on the papers, unless any party requested an oral hearing. No party has done so.

6. By 8 August 2025, the Applicant was directed to send to the [NAME] by email, hand delivery or first-class post: (i) copies of the [NAME] form (excluding any list of respondents’ names and addresses) unless already sent by the applicant to the leaseholder/sublessee; (ii) if not already provided in the [NAME], a brief statement to explain the reasons for the [NAME]; and (iii) the directions. The Applicant was further directed to display a copy of these in a prominent place in the common parts of the property. On 6 August, the Applicant confirmed that it had complied with this Direction.

3 7. By 22 August 2025, any leaseholder who opposed the [NAME] was directed to complete a Reply Form which was attached to the Directions and send it both to the Tribunal and to the Applicant. The leaseholder was further directed to send the Applicant a statement in response to the [NAME]. No leaseholder has returned a completed Reply Form opposing the [NAME].

8. The Applicant has provided a Bundle of Documents (86 pages) in support of the [NAME]. The Applicant has also provided a copy of the lease for Flat 6.

9. Section 20ZA (1) of the Act provides: “Where an [NAME] is made to the appropriate tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works or qualifying long term agreement, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements.”

10. The only issue which this Tribunal has been required to determine is whether or not it is reasonable to dispense with the statutory consultation requirements. This [NAME] does not concern the issue of whether any service charge costs will be reasonable or payable.

11. The Tribunal is satisfied that it is reasonable to grant retrospective dispensation from the statutory consultation requirements. This is justified by the urgent need for the works. There is no suggestion that any prejudice has arisen. In the circumstances, it is appropriate to grant dispensation without any conditions.

12. The Directions make provision for the service of the Tribunal’s decision. The Tribunal will email a copy of its decision to the Applicant. The Applicant is responsible for serving a copy of the Tribunal’s decision on the Respondents. Judge Robert Latham 15 September 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.

4 If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made by e-mail to the First-tier Tribunal at the regional office which has been dealing with the case. 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).