Fire Safety Works Dispensation Approved by First-tier Tribunal

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BK/LDC/2021/0001 Applicant : [redacted] (represented by [NAME]) Respondents :

[redacted] schedule attached to directions dated 22nd January 2021) Property : [ADDRESS] [POSTCODE] Date of decision (on paper determination)

Judge Hargreaves : 18th March 2021

DECISION ON A SECTION 20ZA OF THE LANDLORD AND TENANT ACT 1985 [NAME]

2 The Applicant is granted dispensation pursuant to s20ZA Landlord and Tenant Act 1985 in respect of the contract awarded to [APPELLANT] referred to below.

REASONS 1. The s20ZA [NAME] is dated 24th December 2020. The background details are set out in the Tribunal’s directions dated 22nd January 2021. References are to the pages in an e-bundle provided by the Applicant.

2. At p109 is a copy of a specimen lease (this one is dated 29th November 2013). The Applicant is responsible for works including those the subject matter of this [NAME], and the [NAME] (identified by reference to a schedule attached to the January directions), are responsible for [NAME] a financial contribution to them as part of their service charges (see clause 2, and Second Schedule, paragraph 1.1).

3. The s20ZA [NAME] seeks dispensation from carrying out the statutory consultation requirements of the 1985 Act. The relevant works in respect of which dispensation is sought would require the landlord to consult the [NAME] pursuant to s20 of the 1985 Act, a process that usually takes in excess of 3 months. The works have in fact been carried out and paid for. 4. [ADDRESS] is a Thames-side development comprising a mixture of 60 flats, some social housing, and 6 houses.

5. On 5th May 2020 [COMPANY] provided a report on health, safety and fire risk assessment in respect of the property. See p48. The report identified risks with fire compartmentalisation features, such as the fire doors. The managing agents decided the works had to be carried out as a matter of urgency given the risk levels identified in the Tetra report.

6. Relying on the report, the landlord’s managing agents obtained two estimates for the advised works. The first estimate was provided by [NAME] [NAME] (16th June 2020) which is at pp12-24 of the bundle and quotes £22,650.10 plus VAT. The second quote was provided by [NAME] (p25) and provides an estimate of £24,885 plus VAT.

3 7. The [NAME] were notified informally of the need to carry out a “fire door remedial project” by emails dated 24th November 2020. The directions made by the Tribunal have been complied with and there are no recorded objections to the proposals or the notification of this [NAME].

8. The managing agents decided to proceed with the [NAME] contract because it was cheaper. In fact the final figure was increased (with an explanation) to £25,402.90 plus VAT, but nothing in that increase affects this decision.

9. It is reasonable to grant dispensation. The works were properly identified and estimates obtained. There is increased sensitivity around fire remedial works which justifies implementing measures which are advised sooner rather than later. There has been no objection. Any delay in carrying out the statutory consultation procedure might have caused adverse prejudicial effects to the [NAME]. There is no evidence that they are prejudiced by this order granting dispensation. Judge Hargreaves 18th March 2021

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 [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28 day time limit, such [NAME] 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 [NAME] for permission to appeal to proceed, despite not being within the time limit.

4 The [NAME] 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 [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).