Application Struck Out for Non-Compliance with Procedural Directions

OUTCOME: Struck Out

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

:

CHI/00HP/LDC/2023/0068

Property

:

281 [ADDRESS], [POSTCODE]

Applicant: [redacted]

:

[NAME] [EMAIL]

Respondent: [redacted]

[NAME] (1) [NAME] & [NAME] (2)

Representative

:

Type of Application

:

To dispense with the requirement to consult lessees about major works section 20ZA of the Landlord and Tenant Act 1985

Tribunal Member(s)

:

Judge D Whitney

Date of Decision

:

29 August 2023

DECISION THAT THE TRIBUNAL STRIKES OUT AN APPLICATION PURSUANT TO RULE 9 OF THE TRIBUNAL PROCEDURE (FIRST-TIER TRIBUNAL) (PROPERTY CHAMBER) RULES 2013

2 This is a formal order of the Tribunal which must be complied with by the parties.

Communications to the Tribunal MUST be made by email to [EMAIL]. All communications must clearly state the Case Number and address of the premises.

1. The Applicant sought dispensation under Section 20ZA of the Landlord and Tenant Act 1985 from the consultation requirements imposed on the landlord by Section 20 of the 1985 Act. The application was received on 14 June 2023.

2. Directions were made on 29 June 2023 setting out a timetable for the exchange of documents between the parties and the preparation of a determination bundle. The Respondents were invited to send any representations to the Applicant and the Tribunal by 20 July 2023.

3. On 14 July 2023 a response was received from Mr [NAME] who objected to the application and requested a hearing. He stated that there had been no contact from the Applicants since 27 February 2023 when he was served with a Section 20 Notice of Consultation. No specification of works had been provided to him as directed in paragraph 13 of the aforementioned directions and no reply to his representations had been received either.

4. Paragraph 2 of the Directions stated,

“If the Application form was signed by a representative, written authority from the Applicant appointing them to act on their behalf must be sent to the Tribunal within 14 days.”

There is no record of this being received by the Tribunal.

5. Following any objections to the application, the Applicant was required to submit a bundle to the Tribunal by 27 July 2023. Paragraph 20 of the Directions says,

“If there are objections to the application and the hearing bundle is not sent to the Tribunal by the said date or not in the required format, the Application will be struck out.”

The Tribunal is not in receipt of a bundle.

6. As the bundle has not been received, the Tribunal therefore strikes out the application in accordance with Rule 9 (1) of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 which states that the proceedings or case, or the appropriate part of them, will automatically be struck out if the applicant has failed to comply with a direction that stated that failure by the applicant to comply with the

3 direction by a stated date would lead to the striking out of the proceedings or that part of them.

RIGHTS TO REINSTATEMENT

The Applicant may apply for reinstatement of the application under Rule 9 (5) of the Tribunal’s Procedural Rules.

The Application must be received within 28 days of the date of this Notice. (Rule 9 (6))