1-33 Finn House Bevenden Street London N1 6BN LON/00AM/LDC/2025/0839
DECISION
[1]The Tribunal grants the application for the dispensation of all or any of the consultation requirements provided for by s.20 of the Landlord and Tenant Act 1985 ("the Act") in relation to remedial works to the roof above Flat 9 Finn House Bevenden Street London N1 6BN. The application[2]The Applicant seeks a determination pursuant to s.20ZA of the Act for the dispensation of all or any of the consultation requirements provided for by s.20 of the Act. The application was dated 20 August 2025.[3]Directions of the Tribunal were issued on 3 October 2025. The Applicant landlord has complied with the service requirements of these directions by sending to each of the Respondent leaseholders a copy of the application, a brief statement explain the reasons for the application and the directions. These were also displayed in the common parts of the property.[4]The case was listed for a paper determination. Neither party requested an oral hearing. The hearing[5]The matter was determined by way of a paper hearing which took place on 18 November 2025. The background[6]The property which is the subject of this application is a purpose built block of 33 flats. The application[7]The Applicant has applied for dispensation from the statutory consultation requirements in respect of qualifying works due to remediate the roof that falls directly above Flat 9. This is because the area of roof has dropped and is bowing in places meaning that there are large gaps below the slates. Repars are required urgently to this area of roof due to uncertainty surrounding the structural support. This is why the application is said to be urgent.[8]There applicant has obtained a two quotes in the sum of £10,900 plus VAT, and £15,381.49 plus VAT, respectively.[9]The only issue for the Tribunal is whether it is reasonable to dispense with the statutory consultation requirements. This application did not concern the issue of whether any service charge costs will be reasonable or payable.[10]No notice was received from any of the Respondents opposing the application. The one response received from one Respondent leaseholder, in letter dated 22 October 2025 and application for disclosure dated 23 October 2025, requested details of the roof condition survey and confirmation that the contractors invited to tender for the works were wholly unconnected with the freeholder. The requested information was provided by the Applicant on 5 November 2025 together with confirmation that the companies who provided quotes for the works are wholly unconnected with the freeholder. In their letter dated 22 October 2025 this Respondent leaseholder also indicated that they had not completed an objection form because they did not wish to delay the works. The decision of the Tribunal[11]s.20 of the Act provides for the limitation of service charges in the event that the statutory consultation requirements are not met. The consultation requirements apply where the works are qualifying works (as in this case) and only £250 can be recovered from a tenant in respect of such works unless the consultation requirements have either been complied with or dispensed with.[12]Dispensation is dealt with by s.20ZA of the Act which provides: - "Where an application is made to a leasehold valuation 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"[13]Taking into account that there have been no objections to this application from the Respondents, the Tribunal could not find prejudice to any of the leaseholders of the property by the granting of dispensation relating to the urgent works to the roof directly above Flat 9 Finn House Bevenden Street London N1 6BN.[14]As a result, the Tribunal believes that it is reasonable to allow dispensation in relation to the subject matter of the application.[15]Accordingly, the Tribunal grants the Applicant’s application for the dispensation of all or any of the consultation requirements provided for by section 20 of the Landlord and Tenant Act 1985 in relation to urgent remedial works to roof that falls directly above Flat 9 Finn House Bevenden Street London N1 6BN. The Tribunal is satisfied that, in the particular circumstances of this case, involving risks to the occupant(s) of the affected flats and/or of further damage to this and other flats at the property, it is reasonable to dispense with the consultation requirements.[16]The Tribunal's determination is limited to this application for dispensation of consultation requirements under section 20ZA of the Act Name: Tonya Richards-Clarke Date: 18 November 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 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).