Tribunal Grants Dispensation for Urgent Roof Repairs Under s.20ZA
📌 In brief
The tribunal allowed the landlord to skip the usual consultation process for urgent roof repairs because the work was necessary to prevent further damage and the tenants did not object.
⚖️ Legal holding
An applicant is entitled to dispensation from consultation if the works are urgent and there is no substantial prejudice to the respondents.
📖 What the law says
The appropriate tribunal can grant a request to bypass consultation requirements for certain works or long-term agreements if it finds it reasonable to do so. Consultation requirements refer to rules set by the Secretary of State through regulations.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The tribunal granted dispensation from consultation for urgent roof repairs under s.20ZA of the Landlord and Tenant Act 1985.
📜 Headnote Official document
The tribunal granted dispensation from consultation for urgent roof repairs under s.20ZA of the Landlord and Tenant Act 1985, finding that the works were urgent and causing damage to the property, and that the respondents had not objected to the application.
📚 Full judgment Official document
OUTCOME: Allowed
© CROWN COPYRIGHT
FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference :
LON/00AW/LDC/2025/0849
Property : 119-121 [ADDRESS] [POSTCODE] Applicant : [redacted] : [NAME]: [NAME] Respondents : [redacted] Representative : N/A Type of [NAME] : Dispensation for consultation – s.20ZA of the Landlord and Tenant Act 1985 Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 8 December 2025
DECISION
2 Decisions of the tribunal (1) The tribunal grants the applicant the dispensation from statutory
consultation sought in respect of works to the roof and gutters to
remedy water ingress into the subject property at 119-121 [ADDRESS] [POSTCODE] at a cost of £3,840.00 (inc. VAT) as
specified in the invoice of [COMPANY]. _____________________________________________________ The [NAME] 1. The applicant seeks dispensation from consultation pursuant to s.20ZA
of the Landlord and Tenant Act 1985. in respect of works to the roof and
gutters to remedy water ingress into the property. The works were
carried out and completed in August 2025 at a cost of £3,840.00 (inc.
VAT) by [COMPANY]. The background 2. The subject property is a purpose-built block of flats and a commercial
unit built before 1900. 3. The applicant informed the tribunal that the respondents were sent a
Notice of Intention (date not provided) but due to the urgent nature of
the works, the statutory consultation requirements were not completed.
The leaseholders were provided with a copy of this [NAME] and
accompanying documents as well as the tribunal’s directions (letter from
applicant to leaseholders dated 16 October 2025). The hearing 4. Neither party requested an oral hearing and therefore the tribunal
determined the [NAME] using the 56 digital bundle provided by the
applicant. 5. No objections to the [NAME] were received from the respondents by
the tribunal. In a letter dated 25 November 2025 the applicant
confirmed to the tribunal it had not received any objection to the
[NAME] form any of the respondent leaseholders. The decision 6. The tribunal is satisfied that works to remedy the ingress of water into
the subject property were urgent and causing damage to the property.
The tribunal is also satisfied the respondents have not objected to the
[NAME] and therefore have failed to show they have been caused any
3
substantial prejudice by the absence of any statutory consultation prior
to the works being carried out; [COMPANY] v Benson &
others [2011] EWCA Civ 38. 7. Therefore, the tribunal grants the dispensation from consultation sought
by the applicant in respect of works to the roof and gutters to remedy
water ingress into the property at a cost of £3,840.00 (inc. VAT) as
specified in the invoice of [COMPANY].
Name:
Judge Tagliavini Date: 8 December 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. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First- tier Tribunal at the Regional Office which has been dealing with the case. The [NAME] should be made on [NAME] available at https://www.gov.uk/government/publications/form-rp-pta-[NAME]-for- permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber 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).
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Management Company Granted Permission to Skip Consultation for Urgent Repai…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rules on Lease Breaches
- First-tier Tribunal (Property Chamber) Tribunal Grants Dispensation for Urgent Communal Door Lock Repairs
- First-tier Tribunal (Property Chamber) Service Charge Limitation Ruling by First-tier Tribunal
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Freehold Premium When Landlord Missing
- First-tier Tribunal (Property Chamber) Tribunal Rejects Administrative Fees for Ground Rent Collection
- First-tier Tribunal (Property Chamber) Tribunal Grants Urgent Works Dispensation Without Consultation
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Dispensation for Urgent Drainage Repairs
- First-tier Tribunal (Property Chamber) First-tier Tribunal Grants Emergency Repairs Dispensation Without Consultat…
- First-tier Tribunal (Property Chamber) Tribunal Grants Dispensation for Works on Residential Estate
- First-tier Tribunal (Property Chamber) Tribunal Grants Urgent Fire Safety Works Dispensation Without Consultation
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 urgent.
- There is no substantial prejudice to the respondents.
- No objections are raised by the respondents.
- It is reasonable to dispense with consultation requirements in cases of emergency repairs.
- Leaseholders have been made aware of the application and have not objected to it.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal granted dispensation from consultation for urgent roof repairs.
Who was involved?
The landlord and the leaseholders were involved.
How did the court decide, and why?
The court decided that the landlord could skip the consultation process because the repairs were urgent and necessary to prevent further damage, and the leaseholders did not object.
Which laws or rules were applied?
The Landlord and Tenant Act 1985, specifically section 20ZA, was applied.
What was the argument that mattered most?
The argument that mattered most was that the repairs were urgent and necessary to prevent further damage, and that the leaseholders had not objected to the application.
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 might be able to obtain dispensation from consultation if their repairs are urgent and necessary to prevent further damage, and the leaseholders do not object.
What evidence or documents mattered?
The invoice for the repairs and the lack of objections from the leaseholders were important.
Can a decision like this be appealed?
Yes, decisions 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 cases like this.