3 St Julians Farm Road, West Norwood, London SE27 0JJ LON/00AY/LDC/2025/0770
FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AY/LDC/2025/0770
Between
Southern Land Securities LimitedApplicantLeaseholders listed in the applicationRespondent
Before
Judge TagliaviniTogether Property Management for the ApplicantN/A Dispensation for consultation – s.20ZA for the RespondentVenue 10 Alfred Place, London WC1E 7LRDate 4 November 2025Property: London SE27 0JJType of application: of the Landlord and Tenant Act 1985
DECISION
Decisions of the tribunal (1) The tribunal grants the applicant the dispensation from consultation sought in respect of the installation of a large ventilation grill on the chimney breast at the subject property and redecoration works to Flat D at a cost of £1,667.91. _____________________________________________________ The application[1]The applicant seeks dispensation from consultation pursuant to s.20ZA of the Landlord and Tenant Act 1985 The background[2]The subject property is a semi-detached house converted into five self- contained flats on three floors.[3]The applicant seeks dispensation from consultation in respect of the installation of a grille to alleviate the build-up of moisture and redecoration works to Flat D The cost of the works is said to be in the region of £1,667.91.[4]The respondents were subsequently notified of this application for dispensation from consultation. The hearing[5]Neither party requested an oral hearing and therefore the tribunal determined the application using the 47 digital bundle provided by the applicant.[6]No objections to the application were received from the respondents. The decision[7]The tribunal is satisfied that works to remedy the ongoing moisture/damp problem into Flat D were required and redecoration thereafter. The tribunal is also satisfied the respondents have not objected to the application and/or have failed to show they have been caused any substantial prejudice by the absence of any consultation prior to the works being carried out; Daejan Investments Ltd v Benson & others [2011] EWCA Civ 38.[8]Therefore, the tribunal grants the dispensation form consultation sought by the applicant. Name: Judge Tagliavini Date: 4 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 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).