36 Rosendale Road, West Dulwich London SE21 8DX LON/00AY/LDC/2025/0769
DECISION
Decisions of the tribunal (1) The tribunal grants the applicant the dispensation from consultation sought in respect of guttering works carried out at the property known as 36 Rosendale Road, London SE21 8DX _____________________________________________________ The application[1]This is an application pursuant to s.20ZA of the Landlord and Tenant Act 1985 seeking dispensation from consultation in respect of urgent guttering works. The Property[2]The property at 36 Rosendale Road is an early 20th Century mid-terrace property on four floors comprising four residential flats. The background[3]On 20 June 2025, the applicant applied for dispensation from the statutory consultation requirements in respect of urgent works to the guttering. The applicant stated that the works had been carried out and completed by Finestone roofers and decorators ltd at a cost of £1,380.00. Due to the urgent nature of the works the applicant did not undertake any consultation with the respondents. The hearing[4]Neither party requested an oral hearing and the tribunal determined the application on the 52 page digital bundle provided by the applicant. The tribunal’s decision and reasons[5]The tribunal grants the dispensation from s.20 consultation sought by the applicant in respect of the guttering works to the subject property.[6]The tribunal is satisfied the respondents were notified of this application/directions and provided with an opportunity to voice any objection to it. Neither the applicant or the tribunal received any written correspondence from the respondents either supporting or objecting to the application.[7]In view of the urgent nature of the works, the tribunal finds it reasonable and appropriate to grant the dispensation from consultation sought by the applicant. Name: Judge Tagliavini Date: 9 September 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).