Tribunal Grants £9,206.40 Sewage Repair Dispensation for Evergreen House
📌 In brief
The First-tier Tribunal allowed a landlord to bypass the usual consultation process for emergency repairs needed to stop sewage from overflowing into a tenant's home. This decision came after the landlord had already completed the work without any objections from the tenants.
⚖️ Legal holding
In cases of genuine urgency, a landlord may be dispensed from the statutory consultation requirement for necessary repairs.
📖 What the law says
The Landlord and Tenant Act 1985, Section 20ZA allows a tribunal to grant dispensation from the statutory consultation requirements for necessary repairs if it is deemed reasonable to do so.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The tribunal granted dispensation from the statutory consultation requirement for urgent work to prevent sewage overflow.
📜 Headnote Official document
The tribunal granted dispensation from the statutory consultation requirement for urgent work to prevent sewage overflow into a tenant's flat. The work was completed without objection from any tenant.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BD/LDC/2019/0182 Applicant: [redacted] Respondent : [redacted] the application Property : Evergreen House, King street, Twickenham [POSTCODE] Date of Decision :
26th November 2019
DECISION ON AN APPLICATION UNDER SECTION 20ZA OF THE LANDLORD AND TENANT ACT 1985
Decision 1. On 11th November 2019 the tribunal considered an application under s.20ZA of the Landlord and Tenant Act 1985 without a hearing, no hearing having been requested by the parties.
2. The Application was for dispensation from the statutory consultation requirement in respect of urgent work to the communal soil stack serving the above property in order to prevent the overflow of sewage into an affected flat therein.
3. The works are said to be subject to the consultation requirement have been completed and an invoice received in the sum of £9,206.40 inclusive of VAT. This sum is exactly equal to the quotation received prior to the commencement of the works.
4. Directions were given by the tribunal on 18th of October 2019 for the conduct of the application. The Applicant has complied with those directions and no objection to the application has been received from any of the relevant lessees.
5. On the basis that the works appear to the tribunal to genuinely have been urgent and carried out on an emergency basis and that none of the lessees have seen fit to object to the application, the tribunal grants the dispensation from the consultations requirements as sought in the Application.
2 Tribunal Members: Tribunal Judge [NAME] JP FRICS
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Grants £9,731 for Urgent Lift Repairs in Central London
- First-tier Tribunal (Property Chamber) Tribunal Grants £2,448 Repair Dispensation for Heathfield Gardens Tenants
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Staircase Repairs
- First-tier Tribunal (Property Chamber) Tribunal Grants £3,270 Lift Repair Dispensation for Elderly Tenants
- First-tier Tribunal (Property Chamber) Tribunal Grants £10,818 Dispensation for Urgent Roof Repairs in London
- First-tier Tribunal (Property Chamber) Tribunal Grants £10,000 Repair Costs Dispensation for Flat C in London
- First-tier Tribunal (Property Chamber) Tribunal grants dispensation for urgent repairs to lead gutter in block of …
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Roofing Works Due to Lea…
- First-tier Tribunal (Property Chamber) Tribunal Grants £30,000 Dispensation for Urgent Water Damage Repairs in Lon…
- First-tier Tribunal (Property Chamber) Tribunal Grants £14,364 Roof Repairs Dispensation for Top Floor Leaks
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Roof and Stair Works
- First-tier Tribunal (Property Chamber) Tribunal grants dispensation for urgent works in Tunbridge Wells
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 works are deemed urgent and reasonable.
- The repairs are necessary to prevent further damage.
- The repairs are urgent and necessary.
- There is a demonstrated need for urgent repairs.
- The works are considered urgent and necessary to prevent damage.
❌ Tends to be rejected
- (No factors identified that went against the claimant in these 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 be exempted from the usual consultation process for emergency repairs.
Who was involved?
The landlord and the tenants of Evergreen House were involved.
How did the court decide, and why?
The court decided that the work was urgent and necessary to prevent sewage overflow, and there were no objections from the tenants.
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 that mattered most was that the work was genuinely urgent and necessary to prevent sewage overflow.
Was the decision for or against the person who brought the case?
The decision was for the landlord.
What does this mean for someone in a similar situation?
Someone in a similar situation may also be able to bypass the consultation process if they can prove that the work is truly urgent and necessary.
What evidence or documents mattered?
Evidence of the urgency of the work and the lack of objections from tenants mattered.
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 such cases.