Tribunal Grants £1,718 Roof Repair Dispensation for Multi-Flat Property
📌 In brief
The First-tier Tribunal granted a landlord permission to bypass the usual consultation process for urgent roof repairs because there was no evidence that the tenants would suffer any financial or other harm.
⚖️ Legal holding
A landlord may be dispensed from statutory consultation requirements if urgent repairs are needed and no lessee objects, as seen in this case involving a semi-detached house converted into four flats.
📖 What the law says
The appropriate tribunal can grant dispensation from consultation requirements related to qualifying works or agreements if it determines that it is reasonable to do so. Qualifying works refer to works done on a building or premises, and qualifying long-term agreements are those lasting more than twelve months. The consultation requirements include providing details of proposed works or agreements to tenants, obtaining estimates, inviting tenants to suggest additional estimators, considering tenant observations, and giving reasons for certain actions.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal granted dispensation from the statutory consultation requirements due to urgent roof repairs costing over £1,700.
📜 Headnote Official document
The Tribunal granted dispensation from the statutory consultation requirements for urgent roof repairs after determining that there was no evidence of financial or other prejudice to the tenants. Judge Nicol presided over the case.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AY/LDC/2017/0031 Property : 43 [ADDRESS] [POSTCODE] Applicant : [redacted] : [NAME] Respondent: [redacted] [RESPONDENT] (Flat 2) Mr [NAME] (Flat 3) [NAME] and [NAME] (Flat 4) Type of application : To dispense with the requirement to consult lessees about major works Tribunal : Judge Nicol Mr [NAME] of decision : 3rd May 2017
DECISION
The Tribunal has determined that the Applicant shall be granted dispensation from the statutory consultation requirements in relation to the works proposed to the roof.
Reasons
1. The Applicant is the landlord of the subject property, a semi-detached house converted into four flats. Water has begun to leak through the roof into at least one of the flats. The Tribunal was provided with the lease for one of the flats which, it is assumed, is standard for the four flats and, under that lease, the Applicant is obliged to repair the roof and the lessees are each obliged to pay a proportionate share of the costs incurred.
2 2. By letter dated 8th March 2017, the Applicant’s agents notified the lessees of the need for the roof repairs and invited representations. They had already obtained some quotes for the works: • [COMPANY]
£1,718 plus VAT • [COMPANY] £2,895 plus VAT 3. These sums were large enough to trigger the statutory consultation requirements under section 20 of the Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003. However, the Applicant is concerned that the leak is too urgent for the full consultation process to be completed. On 16th March 2017 they applied to the Tribunal for dispensation from the consultation requirements in accordance with section 20ZA of the Act.
4. The Tribunal made directions on 24th March 2017 requiring the Applicant to send to each lessee both the application and the directions, which they did by letter dated 27th March 2017. None of the lessees have responded or sought to object to the proposed works.
5. In accordance with the Supreme Court’s decision in [COMPANY] v Benson [2013] 1 WLR 854, the primary issue when considering dispensation is whether any lessee would suffer any financial prejudice as a result of the lack of compliance with the full consultation process. Given the absence of any objections, it is impossible to identify any financial or other prejudice. The only evidence is that urgent repair works are required.
6. Given the lack of prejudice or objections, the Tribunal is satisfied that it is reasonable to dispense with the statutory consultation requirements.
Name: NK Nicol Date: 3rd May 2017
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Grants £1,718+VAT Urgent Roof Repairs Dispensation for Four Flats …
- First-tier Tribunal (Property Chamber) Tribunal Grants Dispensation for Gas Connection Issues During Major Works i…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Statutory Consultation Requirem…
- First-tier Tribunal (Property Chamber) Tribunal Grants £3,647 Dispensation for Urgent Roof Repairs in London
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Water Tank Works
- First-tier Tribunal (Property Chamber) Fire Alarm Upgrade Dispensation Granted Without Tenant Consultation
- First-tier Tribunal (Property Chamber) Tribunal Grants Dispensation for Additional Works Under Landlord and Tenant…
- First-tier Tribunal (Property Chamber) Landlord Granted Exemption from Fire Safety Consultation Requirements
- First-tier Tribunal (Property Chamber) Tribunal Grants £23,180 in Urgent Roof Repairs for Converted Block in Londo…
- First-tier Tribunal (Property Chamber) Tribunal Allows £250 Fixed Sum for Fire Safety Works in Stevenage
- First-tier Tribunal (Property Chamber) Tribunal Grants £10,000 Repair Costs Dispensation for Urgent Water Damage P…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Window Replacement
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 landlord seeks dispensation due to the lack of prejudice to tenants.
- Dispensation is granted if it is reasonable to do so without causing prejudice.
- No evidence of financial or other prejudice to the tenants supports the claim.
- The absence of relevant prejudice to leaseholders justifies dispensation.
- Reasonableness of granting dispensation is considered alongside the lack of prejudice.
❌ Tends to be rejected
- (No factors identified as leading to a decision against the claimant in the provided cases.)
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided that the landlord could bypass the usual consultation process for urgent roof repairs.
Who was involved?
The landlord and the tenants of a converted semi-detached house.
How did the court decide, and why?
The court decided to grant dispensation because there was no evidence of financial or other prejudice to the tenants.
Which laws or rules were applied?
The Landlord and Tenant Act 1985 sections 20 and 20ZA, and the Service Charges (Consultation Requirements) (England) Regulations 2003.
What was the argument that mattered most?
The argument that mattered most was that there was no evidence of financial or other prejudice to the tenants.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation might also be able to bypass the usual consultation process if there is no evidence of financial or other prejudice to the tenants.
What evidence or documents mattered?
Quotes for the repairs and the lease agreement were important pieces of evidence.
Can a decision like this be appealed?
Yes, decisions like this can be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for cases like this.