1-14 Trafalgar House, 66 Worple Road, London SW19 4BP LON/00BA/LDC/2025/0811

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case No LON/00BA/LDC/2025/0811

Between

66 Worple Road Residents Company LimitedApplicant

The leaseholders of Trafalgar HouseRespondent

Before

Judge Tagliavini

MCS Ref: Amandeep Kaur for the Applicant

N/A Dispensation for consultation – s.20ZA for the Respondent

Venue 10 Alfred Place, London WC1E 7LR

Date 17 November 2025

Property: London SW19 4BP 66 Worple Road Residents Company

Type of application: of the Landlord and Tenant Act 1985

DECISION

2 Decisions of the tribunal (1) The tribunal grants the applicant the dispensation from consultation sought in respect of works of repair to a rainwater pipe and carried out in August 2025 by L.J. Ward (Gas Heating & Plumbing Engineer) in the sum of £4,380.00 (inc. VAT). _____________________________________________________ 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 purpose-built block of 14 flats.

[3]The applicant seeks dispensation from consultation in respect of works of repair to a defective vertical rainwater pipe which has caused the ingress of water into four flats and the communal areas and substantial damage. One of the four flats is said to have become uninhabitable due to the ingress of water. In addition the water ingress presents a potential source of danger to electrical installations located in the basement of the premises.

[4]The respondents were not served with an s.20 consultation notices but notified informally of the need for urgent works which were carried out in August 2025 by L.J. Ward in the sum of £4,380.00 (inc. VAT). Subsequently, the respondent leaseholders were individually provided with a copy of the application and the tribunal’s Directions by the applicant. The hearing

[5]Neither party requested an oral hearing and therefore the tribunal determined the application using the 72 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 the pump providing a water supply to the subject premises were required as a matter of urgency. The tribunal is also satisfied the respondents have not objected to the application and/or have failed to show they have been caused any 3 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 from consultation sought by the applicant in respect of works to the rainwater pipe as carried out by L.J. Ward in the sum of £4,380.00 (inc VAT).. Name: Judge Tagliavini Date: 17 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). 4