This was an appeal from the refusal of the First-tier Tribunal to grant the appellant landlord a dispensation from the statutory requirement to consult its tenants prior to carrying out major works, pursuant to s.20ZA of the Landlord and Tenant Act 1985.

Kayleigh appeared before the FTT and subsequently obtained permission to appeal to the Upper Tribunal (Lands Chamber). Kayleigh, who then appeared in the Upper Tribunal with Charles Auld, argued that the FTT’s decision was wrong because:

1. A landlord (in the position of an equitable owner) can enter and do works on a property in the registration gap without the express consent of the legal owner.
2. An equitable owner can serve notices pursuant to s.20 of the Landlord and Tenant Act 1985 in the registration gap.
3. An equitable owner has standing to make a s.20ZA application in the registration gap.
4. Works do not have to be urgent for dispensation to be granted pursuant to s.20ZA of the Landlord and Tenant Act 1985.
5. Dispensation pursuant to s.20ZA cannot rightfully be refused where there has been an express finding that a tenant has suffered no prejudice.

The Upper Tribunal allowed the appeal substituting its decision for that of the FTT and set aside several evidential findings relating to conflicts of interest and the evidence in support of the application. The appeal was successful on all grounds. A copy of the decision can be found here.

Charles has specialised in land-related matters for over 30 years. His practice includes all aspects of real property and landlord and tenant law, both commercial and residential, and also mobile home parks.

Kayleigh’s practice covers all areas of real property and landlord and tenant law. She has developed a busy advisory and court practice in these areas, to include appearing in the High Court, County Court, and First-Tier Tribunal.

Download the judgment here.