1 To 12 Salt Apartments, Belyars Lane
- The building
- Said by the applicant to be a four-storey purpose-built block of twelve flats. The tribunal records this as the applicant's assertion rather than a finding.
- What was applied for
- Two applications for dispensation under section 20ZA of the Landlord and Tenant Act 1985, the first for roof works and the second for additional works as the scope widened.
- The figures
- Twelve flats over four storeys. Applications in 2022 and 2024, decided 30 April 2025. A parallel section 27A application by the leaseholders was withdrawn as part of agreed terms. No cost of the works is stated anywhere in the decision.
What Happened
The roof had failed, causing water ingress into several flats. A warranty claim was submitted and, because of the insurer's delay, the freeholder proceeded and said leaseholders would be reimbursed if the insurer settled. A decision on the first application was later set aside on procedural grounds, which is why it was decided in 2025. The second application concerned failure of the waterproofing to one balcony affecting the flat below, for which no consultation had been undertaken at all, said to be urgent and able to be done using the scaffolding already erected.
What the Tribunal Held
Granted for both. Reply forms objecting had been submitted in 2024, but there was no response to the most recent directions and no leaseholder asserted prejudice. The tribunal found nothing different would be done or achieved by a full consultation except potential delay and potential problems, and that the respondents had not suffered prejudice. It stressed the limit: no determination was made on whether the costs of the works are reasonable or the service charges payable at all or in any given sum. It noted it has a very wide discretion to impose terms, including as to lessees' costs of legal advice, but imposed none.
What it means for a block here. Dispensation turns on whether leaseholders can show actual prejudice, not on whether consultation was skipped. It decides nothing about the cost.