North Lodge, Victoria Rise, London SW4 0NX LON/00AY/LDC/2025/0660

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case No LON/00AY/LDC/2025/0660

Between

North Lodge RTM Company LtdApplicant

Various lesseesRespondent

Before

Judge S Brilliant

Warwick Estates for the Applicant

Date 8 May 2025

DECISION

[1]This is an application made by Ms Dyer of Warwick Estates Property Management Ltd, the managing agents, on behalf of the Applicant, its client.

[2]The application is for dispensation from the consultation requirements of the Landlord and Tenant Act 1985 (“the 1985 Act”), pursuant to s.27ZA of the 1985 Act.

[3]Section 20ZA(1) provides that: "Where an application is made to [the FTT] for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works …, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements."

[4]North Lodge, Victoria Rise, London SW4 0NX is a purpose built block of 8 flats situated near to Clapham Common.

[5]Directions were given on 17 March 2025. Any lessees or sublessees who opposed the application were directed to inform the Tribunal by 02 April 2025. The Applicant has confirmed there are no such objections.

[6]In its application the Applicant says: There was a leak from a cast iron downpipe which was leaking into flat 2 which is a ground floor flat. We had original works carried out to the gutters in 2024 as a contractor had said this was the cause of the leak, however after further investigation they had seen that the down pipe was corroded towards the bottom and this was releasing water. This was causing damp within the living room of the flat and this was getting progressively worse every time it rained. Works exceeded section 20 threshold. The tenant's child suffers with asthma and the doubt was causing the asthma to worsen, which meant we could not wait for a three month consultation to end and had to action this appropriately.

[7]As stated above, there has been no objection to the application for dispensation.

[8]The quoted cost of the works was £8,900.50 plus VAT.

[9]The leading authority on applications for dispensation is the Supreme Court’s decision in Daejan Investments Ltd v Benson

[2013] UKSC 14

;

[2013] HLR 2

[10]In that case the Supreme Court held that the main, indeed normally, the sole question for the Tribunal when considering how to exercise its jurisdiction in accordance with s.20ZA(1) is the real prejudice to the tenants flowing from the landlord’s breach of the consultation requirements. The financial consequences for the landlord of not granting a dispensation is not a relevant factor. The Tribunal may grant dispensation on such conditions as it thinks fit: provided that any such conditions are appropriate in their nature and their effect.

[11]There is no evidence before me of any prejudice and I am satisfied that it is reasonable to grant dispensation.

[12]This decision only relates to dispensation, not to the reasonableness of the work done or its costs. These can be challenged before the FTT if necessary in separate proceedings. Name: Judge Brilliant: Date: 08 May 2025 Rights of appeal 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).