Tribunal Grants Dispensation for Works on Residential Estate

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference :

LON/00AM/LDC/2025/0837

Property : [ADDRESS], [POSTCODE] Applicant : [redacted] : [APPELLANT]: [COUNSEL] Respondents : [redacted] estate as listed in the schedule attached to this application. Representative : N/A Type of application : 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 paving and masonry repairs across

common external area of the estate, re-tarmacking to existing area and

painting/re-decoration of previously painted elements of the estate. _____________________________________________________ The application 1. The applicant seeks dispensation from the statutory consultation

requirements pursuant to s.20ZA of the Landlord and Tenant Act 1985

and as specified in the Final Certificate dated 6 May 2025. The background 2. The subject estate (or part) comprises 7 blocks of 1 to 3 bedroom flats

built in the 1970’s. 3. The applicant seeks dispensation from consultation in respect of works

to paving and for masonry repairs across common external area of the

estate, in addition to re-tarmacking to existing area and the painting/re-

decoration of previously painted elements of the estate. A Notice of

Intention was served on all [NAME] on 15 February 2023 and was

followed by a letter dated 6 February 2024 advising [NAME] that the

specified works would commence on 4 March 2024. However, due to an

administrative error, a Statement of Estimates was not sent to the

[NAME] until 12 August 2025 and after the specified works had been

carried out. 4. These works formed Phase 3 of a large program of works that was

carried out on the subject estate. The hearing 5. Neither party requested an oral hearing and therefore the tribunal

determined the application using the 117 digital bundle provided by the

applicant. 6. The applicant confirmed to the tribunal by email dated 6 October 2025

that all [NAME] had been `served with a copy of the application

and accompanying information as well as the tribunal’s directions.

3 The decision and reasons 7. The tribunal is satisfied that the respondent [NAME] have been

made aware of this application. The tribunal also finds the respondent

did not notify the applicant of any objection to this application as per the

email to the tribunal dated 5 November 2025. 8. The tribunal accepts that the error in completing the s.20 consultation

process for these specified works was due to an administrative error at

the final stages. The tribunal finds the [NAME] were however,

provided with an opportunity to respond to the Notice Intention

and state any objection to these works but did not do so. The tribunal is

also satisfied the respondents have not objected to this application and

therefore have failed to show they have been caused any substantial

prejudice by the absence of any consultation prior to the works

being carried out; [COMPANY] v [NAME]

[2011] EWCA Civ 38. 8. Therefore, the tribunal grants the dispensation from consultation sought

by the applicant in respect of paving and masonry repairs across

painting/re-decoration of previously painted elements of the estate.

Name:

Judge Tagliavini Date: 7 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 application for permission must be made to the First- tier Tribunal at the Regional Office which has been dealing with the case. The application should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-application-for- permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber

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).