Tribunal Grants Dispensation for Urgent Roof Works and Past Repairs

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BD/LDC/2025/0785 LON/00BD/LDC/2025/0792 Property : [NAME], 7 [ADDRESS], [POSTCODE] Applicant : [redacted] Respondents :

[redacted] [NAME] (Flat 3)

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

Judge Robert Latham

Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 21 October 2025

DECISION

The Tribunal grants these applications to dispense with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985 without condition.

2 The Application 1. The Applicant has made two applications for dispensation from the statutory consultation requirements in respect of [NAME], 7 [ADDRESS], [POSTCODE]: (i) LON/00BD/LDC/2025/0785: By an application, dated 17 June 2025, the Applicant applies for dispensation from the statutory duty to consult in respect of urgent roof works. The works include the replacement of a small flat roof to comply with building regulations; remedying a large water leak on the back of the brick wall facing the car parking area; works to the mansard windows and cornicing to Flat 3; and a repair to remedy a leak over the original entrance to the block. A surveyor is to be appointed to supervise the works. The Applicant has served a Stage 1 Notice of Intention and has provided details of the estimate cost of the works. The cost of the works to the flat roof are estimated at £15,000.

(ii) LON/00BD/LDC/2025/0792: By an application, dated 4 July 2025, the applies for retrospective dispensation from the statutory duty to consult in respect of works carried out in March/April 2025. The works included internal redecorations to the entire communal areas as well as the external gates and bicycle enclosure area. The Applicant consulted the [NAME] about the proposed works, but failed to comply with the letter of the Section 20 consultation requirements. The cost of the works was some £7,600. 2. [NAME] is a three storey building which was constructed c.1915. There are five flats, three with three bedrooms and two with two.

3. On 25 July 2025, the Tribunal issued Directions. The Directions stated that the Tribunal would determine the application on the papers, unless any party requested an oral hearing. No party has done so.

4. 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 application forms (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 application, a brief statement to explain the reasons for the application; 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. The Applicant has confirmed that it has complied with this Direction.

5. By 29 August 2025, any leaseholder who opposed the application 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 application. No leaseholder has returned a completed Reply Form

3 opposing the application. On 7 October, both Respondents confirmed that they support the application.

6. The Applicant has provided a Bundle of Documents (89 pages) in support of the application. This includes the lease for Flat 3.

7. Section 20ZA (1) of the Act provides: “Where an application 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.”

8. 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 application does not concern the issue of whether any service charge costs will be reasonable or payable.

9. The Tribunal is satisfied that it is reasonable to grant retrospective dispensation from the full statutory consultation requirements. This is justified by the urgent need for the roof works. The Applicant had overlooked the need to consult in respect of the programme of internal and external repairs and decoration. There is no suggestion that any prejudice has arisen. In the circumstances, it is appropriate to grant dispensation without any conditions.

10. 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 21 October 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 application for permission must be made by e-mail to the First-tier Tribunal at the regional office which has been dealing with the case.

4 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).