First-tier Tribunal Grants Boiler Replacement Dispensation

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AW/LDC/2024/0156 Property : [ADDRESS], London [POSTCODE] Applicant : [redacted] : C/O Principia Estate and Asset Management Respondent : [redacted] attached to the [NAME] : N/A Type of [NAME] : S.20ZA – [NAME] for dispensation from consultation Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 30 July 2024

DECISION

2 The tribunal’s decision (1) The tribunal grants the dispensation from consultation sought by the

applicant, in respect of the replacement of the two commercial boilers at

[ADDRESS], London [POSTCODE] and associated works. _____________________________________________________ The [NAME] 1. This is an [NAME] pursuant to section 20ZA of the Landlord and

Tenant Act 1985 seeking dispensation from consultation in respect of

the replacement of two commercial boilers required for heating/hot

water at the subject property. 2. The property is a mansion block comprising of 5 flats on five floors

(including basement, ground and three upper floors). The property is

served by two commercial boilers providing heating and hot water. The

applicant asserted one boiler had broken down completely and the other

suffered from frequent breakdowns. 3. A Notice of Intention dated 5 June 2024 was served on the respondents

and one quote was obtained by the applicant from [APPELLANT] in the sum of £83,908.20 (including VAT). The applicant

asserted it intended to obtain a second quotation. The hearing 4. Neither party requested an oral determination and therefore, this

[NAME] was determined on the documents using the 113 page digital

bundle provided by the applicant. 5. In the documents provided to the tribunal, copies of correspondence

from a [NAME] was included, which confirmed the frequent and highly

inconvenient breaking down of the one working boiler. 6. The tribunal did not receive any objections to this [NAME] from the

[NAME]. The applicant also confirmed it had not received any objections

to this [NAME] from the [NAME]. The tribunal’s reasons 7. The tribunal is satisfied the [NAME] had been notified of this

[NAME] as directed by the tribunal in its directions dated 26 June

2024.

3 8. The tribunal finds the required works are urgent, due to the loss of

provision of heating and hot water to the [NAME]. The tribunal is

satisfied the [NAME] have been notified of the applicant’s intention to

carry out these works and that under the terms of the lease it is

required to do so. 9. In the absence of any objection from the [NAME] and the

identification of any prejudice caused were dispensation from

consultation to be granted, the tribunal finds it is reasonable to grant the

dispensation sought; [COMPANY] v Benson and others

[2013] UKSC 14 & [2013] UKSC 54.

Name: Judge Tagliavini

Date: 30 July 2024

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 [NAME] which has been dealing with the case. The [NAME] for permission to appeal must arrive at [NAME] 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. 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).

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