38 Church Lane, London N8 7BT LON/00AP/LDC/2024/0088-38-CHURCH-LANE
FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AP/LDC/2024/0088-38-CHURCH-LANE
Between
38 Church Lane Management Company LtdApplicantThe leaseholders of the three flats comprising 38 Church Lane, London N8 7BTRespondent
Before
Judge TagliaviniMs Linda Levy (director) for the ApplicantN/A S.20ZA Landlord and Tenant Act 1985 – for the RespondentVenue 10 Alfred Place, London WC1E 7LR 27 August 2025Date 27 August 2025Property: 38 Church Lane, London N8 7BT 38 Church Lane Management CompanyType of application: dispensation from consultation
DECISION
The tribunal’s decision (1) In so far as it is necessary, the tribunal grants the applicant dispensation from consultation in respect of the following works: Falcon Structural Repairs Ltd - Invoice 12126 10th May 2024£3988.80 Martin Redston Associates. Repair report, instructions and drawings. Invoice 87097 22nd Dec. 2023£630 Invoice 87200. 28th Feb. 2024£672 Christopher Anthony. Party Wall Surveyor for 38 Church Lane, N8 7BT Invoices PW-0001227, PW-0001267 8th April 2024. £1736.40 Halsteads – Party Wall Surveyor for 39 Church Lane, N8 7BT Invoice 40663. 3rd April 2024. £2419.20 Site Analytical Surveys Ltd., 23rd Feb. 2024. £3046.80 Knight Associates Ltd. Level, movement monitoring. KA 1440 22nd April 2024 – 14th April 2025. £906.00 Pulse Electric, 7th Nov. 2024. Invoice 24/00902. £2304.00 Total: £15,703.20 The application[1]The applicant has applied for dispensation pursuant to s.20ZA of the Landlord and Tenant Act 1985 from the statutory consultation requirements in respect of works to secure the purlins at the property known as 38 Church Lane, London N8 7BT (‘the property’). Background[2]The property consists of a Victorian end of terrace house which has been converted into three flats. The leasehold owners of the ground and first floor flat are shareholders and directors of the applicant freehold company. The leasehold owners of the second floor flat are not. The lease requires the applicant landlord to carry out works to the structure to which the respondents are required to contribute.[3]The application is said to be urgent because a structural engineer has advised that the work to secure the purlins at the property, should be carried out as soon as possible. Further major works are said to be required but those are not the subject of this application. The hearing[4]Neither party requested an oral hearing and the determination was made by the tribunal using the digital bundle of 62 pages provided by the applicant.[5]No representations were received from the respondents and no documents were provided by them. The tribunal’s reasons[6]The tribunal found the initial application to be unclear as to nature and extent of dispensation sought. However in a letter dated 25 June 2025 the applicant, at the direction of the tribunal provided: Details of completed works for which dispensation is sought. Falcon Structural Repairs Ltd - Invoice 12126 10th May 2024£3988.80 Martin Redston Associates. Repair report, instructions and drawings. Invoice 87097 22nd Dec. 2023£630 Invoice 87200. 28th Feb. 2024£672 Christopher Anthony. Party Wall Surveyor for 38 Church Lane, N8 7BT Invoices PW-0001227, PW-0001267 8th April 2024. £1736.40 Halsteads – Party Wall Surveyor for 39 Church Lane, N8 7BT Invoice 40663. 3rd April 2024. £2419.20 Site Analytical Surveys Ltd., 23rd Feb. 2024. £3046.80 Knight Associates Ltd. Level, movement monitoring. KA 1440 22nd April 2024 – 14th April 2025. £906.00 Pulse Electric, 7th Nov. 2024. Invoice 24/00902. £2304.00 Total: £15,703.20[7]In seeking to initially comply with the s.20 consultation requirements the applicant served a Notice of Intention to Carry Out Works dated 25 January 2024 on the respondents. This stated an intention to carry out works indicated in a report by Stabuild Ltd. Subsequently, a Statement of Estimates dated 7 March 2024 was served on the respondents indicating the cost of the works would be in the region of £100K.[8]However, the applicant had been advised that the works to the purlins was urgent and should be carried out before the main superstructure repairs, that had been identified were undertaken. Consequently, the repairs to the purlins were carried out and completed by Falcon Repairs Ltd.[9]In the absence of any objection to the application and the urgent nature of the works, the tribunal considers it is appropriate, in the absence of any prejudice caused to the respondents, to grant the dispensation sought; Daejan Investments Ltd v Benson and others [2013] UKSC 14 & [2013] UKSC 54 Name: Judge Tagliavini Date: 27 August 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 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). FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AP/LDC/2024/0088 Property : 38 Church Lane, London N8 7BT Applicant : 38 Church Lane Management Company Ltd Representative : Ms Linda Levy (director) Respondent : The leaseholders of the three flats comprising 38 Church Lane, London N8 7BT Representative : N/A Type of application : S.20ZA Landlord and Tenant Act 1985 – dispensation from consultation Tribunal member : Judge Tagliavini Venue : 10 Alfred Place, London WC1E 7LR Date of decision : 27 August 2025 DECISION The tribunal’s decision (1) In so far as it is necessary, the tribunal grants the applicant dispensation from consultation in respect of the following works: Falcon Structural Repairs Ltd - Invoice 12126 10th May 2024£3988.80 Martin Redston Associates. Repair report, instructions and drawings. Invoice 87097 22nd Dec. 2023£630 Invoice 87200. 28th Feb. 2024£672 Christopher Anthony. Party Wall Surveyor for 38 Church Lane, N8 7BT Invoices PW-0001227, PW-0001267 8th April 2024. £1736.40 Halsteads – Party Wall Surveyor for 39 Church Lane, N8 7BT Invoice 40663. 3rd April 2024. £2419.20 Site Analytical Surveys Ltd., 23rd Feb. 2024. £3046.80 Knight Associates Ltd. Level, movement monitoring. KA 1440 22nd April 2024 – 14th April 2025. £906.00 Pulse Electric, 7th Nov. 2024. Invoice 24/00902. £2304.00 Total: £15,703.20 The application[1]The applicant has applied for dispensation pursuant to s.20ZA of the Landlord and Tenant Act 1985 from the statutory consultation requirements in respect of works to secure the purlins at the property known as 38 Church Lane, London N8 7BT (‘the property’). Background[2]The property consists of a Victorian end of terrace house which has been converted into three flats. The leasehold owners of the ground and first floor flat are shareholders and directors of the applicant freehold company. The leasehold owners of the second floor flat are not. The lease requires the applicant landlord to carry out works to the structure to which the respondents are required to contribute.[3]The application is said to be urgent because a structural engineer has advised that the work to secure the purlins at the property, should be carried out as soon as possible. Further major works are said to be required but those are not the subject of this application. The hearing[4]Neither party requested an oral hearing and the determination was made by the tribunal using the digital bundle of 62 pages provided by the applicant.[5]No representations were received from the respondents and no documents were provided by them. The tribunal’s reasons[6]The tribunal found the initial application to be unclear as to nature and extent of dispensation sought. However in a letter dated 25 June 2025 the applicant, at the direction of the tribunal provided: Details of completed works for which dispensation is sought. Falcon Structural Repairs Ltd - Invoice 12126 10th May 2024£3988.80 Martin Redston Associates. Repair report, instructions and drawings. Invoice 87097 22nd Dec. 2023£630 Invoice 87200. 28th Feb. 2024£672 Christopher Anthony. Party Wall Surveyor for 38 Church Lane, N8 7BT Invoices PW-0001227, PW-0001267 8th April 2024. £1736.40 Halsteads – Party Wall Surveyor for 39 Church Lane, N8 7BT Invoice 40663. 3rd April 2024. £2419.20 Site Analytical Surveys Ltd., 23rd Feb. 2024. £3046.80 Knight Associates Ltd. Level, movement monitoring. KA 1440 22nd April 2024 – 14th April 2025. £906.00 Pulse Electric, 7th Nov. 2024. Invoice 24/00902. £2304.00 Total: £15,703.20[7]In seeking to initially comply with the s.20 consultation requirements the applicant served a Notice of Intention to Carry Out Works dated 25 January 2024 on the respondents. This stated an intention to carry out works indicated in a report by Stabuild Ltd. Subsequently, a Statement of Estimates dated 7 March 2024 was served on the respondents indicating the cost of the works would be in the region of £100K.[8]However, the applicant had been advised that the works to the purlins was urgent and should be carried out before the main superstructure repairs, that had been identified were undertaken. Consequently, the repairs to the purlins were carried out and completed by Falcon Repairs Ltd.[9]In the absence of any objection to the application and the urgent nature of the works, the tribunal considers it is appropriate, in the absence of any prejudice caused to the respondents, to grant the dispensation sought; Daejan Investments Ltd v Benson and others [2013] UKSC 14 & [2013] UKSC 54 Name: Judge Tagliavini Date: 27 August 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 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).