Tribunal Grants Dispensation for Urgent Drainage Works
📌 In brief
The First-tier Tribunal allowed a landlord to bypass consultation requirements for urgent drainage work because raw sewage was backing up into a basement flat. The decision was based on the urgency of the situation and the lack of suitable rodding access.
⚖️ Legal holding
In cases of urgent drainage works, a landlord may be dispensed from the consultation requirements under s.20(ZA) of the Landlord and Tenant Act 1985.
📖 Technical summary
The tribunal granted dispensation from consultation requirements due to urgent drainage works.
📜 Headnote Official document
The First-tier Tribunal granted dispensation from consultation requirements under s.20(ZA) of the Landlord and Tenant Act 1985 for urgent drainage works at a property where raw sewage was backing up into a basement flat.
📚 Full judgment Official document
OUTCOME: Allowed
FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case reference : LON/00AZ/LDC/2019/0045
Property : [ADDRESS], London SDE12 8PU
Applicant: [redacted]
Respondents : [redacted]
Tribunal member(s) : [NAME]
[NAME] : 10 [ADDRESS] [POSTCODE]
Date of decision : 7 May 2019
DECISION
Order
1. We make an order dispensing with the consultation requirements in respect of (“the works”).
Reasons
2. On 18 March 2019, the applicant applied for dispensation from the consultation requirements in respect of urgent drainage works carried out at the premises in the week commencing 4 March 2019.
3. Raw sewage was backing up into the basement flat.
4. The works required included creating a new chamber and drainage run. There was no suitable rodding access.
5. Notice of the application was served on the [NAME]. On 26 April 2019 the applicant’s [NAME] wrote to the tribunal confirming that no objections had been made by the [NAME].
6. In the circumstances it is appropriate to give the dispensation asked for.
7. This decision does not concern the issue of whether any of the costs are reasonable or payable.
Name: [NAME]: 7 May 2019
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 application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case.
The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application.
If the application is not made within the 28 day time limit, such application 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 application for permission to appeal to proceed, despite not being within the time limit.
The application 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 making the application is seeking.
If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).
📊 How courts decide similar cases
Among 11 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tribunal Grants Urgent Repairs Dispensation Without Conditions
- First-tier Tribunal (Property Chamber) First-tier Tribunal Extends Property Manager's Term for Three Years
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Tenancy Adjusted by First-tier Tribunal
- First-tier Tribunal (Property Chamber) Tribunal Grants Urgent Repairs Dispensation Without Consultation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Roof Repairs
- First-tier Tribunal (Property Chamber) Freehold Purchase Approved: Premium Set at £12,200
- First-tier Tribunal (Property Chamber) Service Charge Limitation Ruling by First-tier Tribunal
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
- When urgent drainage works are needed, a landlord may skip consultations.
- Courts allow claims when service charge consultations are improper.
- Claims are allowed if there's an urgent need for repairs.
- Rent adjustments are granted based on property condition and market comparables.
- Appeals are allowed when the statutory consultation requirements are waived for urgent works.
❌ Tends to be rejected
- Tenants cannot seek rent increase determinations if their agreement specifies a different process.
- Applications are struck out if submitted after the rent increase takes effect.
- Appeals are struck out if the appellant fails to engage in the proceedings.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided to grant dispensation from consultation requirements for urgent drainage works.
Who was involved?
The landlord and the tenants were involved.
How did the court decide, and why?
The court decided to grant dispensation because the situation was urgent and there was no suitable rodding access.
Which laws or rules were applied?
The Landlord and Tenant Act 1985 s.20(ZA) was applied.
What was the argument that mattered most?
The argument that mattered most was the urgency of the situation and the lack of suitable rodding access.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may also be able to bypass consultation requirements if the situation is urgent and there is no suitable rodding access.
What evidence or documents mattered?
Evidence of the urgency of the situation and the lack of suitable rodding access mattered.
Can a decision like this be appealed?
Yes, a decision like this can be appealed to the Upper Tribunal (Lands Chamber).
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for a case like this.