10 Highbury Hill, London N5 1AL LON/00AU/LDC/2025/0757
FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AU/LDC/2025/0757
Between
Southern Land Securities LtdApplicantVarious leaseholders as per the applicationRespondent
Before
Judge TagliaviniTogether Property Management 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: 10 Highbury Hill, London N5 1ALType of application: dispensation from consultation
DECISION
The tribunal’s decision (1) The tribunal grants the applicant the dispensation sought in respect of all works required in respect of the roof repairs that were carried out to remedy the ingress of water into Flat 4 at the property known as 10 Highbury Hill, London N5 1AL 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 the roof repairs required to remedy the ingress of water into Flat 4 at the property known as 10 Highbury Hill, London N5 1AL (‘the property’). Background[2]The property was originally a semi-detached house constructed circa 1870 that has since been converted into four self-contained flats constructed over basement, ground and three upper floors with Flat 1 located over the basement level and having its own front door accessed along the left hand elevation by way of a secured gate; the remaining three flats are accessed through a central staircase. The hearing[4]Neither party requested an oral hearing and the determination was made by the tribunal using the digital bundle of 55 pages provided by the applicant.[5]The applicant confirmed that a copy of the application and the tribunal’s directions had been provided individually to the respondents by email and by being left in the communal area However, no representations were received from the respondents objecting to the application.[6]The applicant provided a number of invoices dated variously in May 2025 from Hamilton Roofing showing the nature and extent of the work carried out. Further invoices included the provision and cost of scaffolding required for access to the roof which was provided by Darran Hall Roofing. The tribunal’s reasons[9]In the absence of any objection to the application, the urgent nature of the works, and the absence of any identified prejudice caused to the respondents, the tribunal considers it appropriate to grant the dispensation sought in respect of all roof works required to remedy the ingress of water in to Flat 4; 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).