First-tier Tribunal Grants Dispensation for Emergency Works

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00BE/LDC/2024/0629 Property : [ADDRESS] and 33 [ADDRESS] [POSTCODE] Applicant : [redacted] : [COMPANY] Respondents : [redacted] Representative :

None

Type of [NAME] :

For dispensation from the consultation requirements under Section 20ZA Landlord & Tenant Act 1985 Tribunal :

Mr [APPELLANT] (Hons) LLM Property Law MA FRICS

Date of Decision : 1 April 2025

DECISION

This has been a remote paper determination, which has been consented to by the parties. A face-to-face hearing was not held because it was not practicable, and no one requested same.

The documents the Tribunal were referred to were in a bundle of some 66 pages.

Decision

(1) The Tribunal determines that unconditional dispensation should be granted from the consultation requirements from Section 20ZA of the Landlord and Tenant Act 1985 (the Act) in respect of the property [ADDRESS] and 33 [ADDRESS], [POSTCODE]. (2) We make no determination as to the reasonableness of the costs of same, these being matters which can be considered, if necessary, under the provisions of s27A and s19 of the Act. The [NAME]

1. This [NAME] received 22 October 2024, is made by [NAME] on behalf of, the freeholder, [COMPANY].

2. The [NAME] seeks dispensation from the consultation requirements under Section 20ZA of the Landlord and Tenant Act 1985.

3. The [NAME] is concerned solely with the question of what consultation if any should be given of the consultation requirements of Section 20 of the 1985 for works costing in excess of £250 per flat. It is not concerned with the reasonableness or payability of any service charges which may arise. The Determination 4. A written [NAME] was made by [NAME] by the freeholder [COMPANY]. The tribunal considered the written bundle of 66 pages, in support of the [NAME]. Background 5. The property “New Concord” Public House was built in the 1860s on [ADDRESS] which is now known as [ADDRESS]. The property is constructed over ground and two upper floors with a flat parapet roof.

6. The [NAME] notes under “Grounds for Seeking Dispensation”; specifically, “Emergency removal of Concrete decorative fascia, which had partially fallen from the top of the building onto public highway. Scaffolding was erected to RHS of building to remove loose render and cherry picker

utilised to remove further loose render from centre of the building, which came to light when the scaffolding was erected, but not within reach.

7. The [NAME] notes in terms of consultation; “ On the 5th August 2024 the building managers were contacted by Southwark Council and served a Dangerous Structure Notice for works required to the Building. On the weekend of the 3rd August 2024 Southwark Council had attended to the property, following a report of loose render at the top of the Building, which was a danger to the public below. They partially removed some loose render from the parapet and made us aware of further works required to make the Building safe.

8. The [NAME] were informed on the 5th August 2024 of the further works required, and quotes were obtained to remove more of the render to the right-hand side of the Building. Once scaffolding was erected to the RHS, the contractors made the managing agent aware that more render needed to be removed to the centre of the parapet, as the boarding behind was rotten. [NAME] were informed of additional works and no objections were received, however one leaseholder requested an alarm be pleased on the scaffolding for the duration of the works. The render removal was completed on the 10th August 2024. The managing agents report that all the loose render has now been removed and repairs to the parapet have been included in the External Repairs and Decoration of the building, which is due to start on the 28th October 2024.

9. The Directions dated 4 December 2024, provided for the tenants to be given copies of the [NAME] form, a brief statement to explain the reasons for the [NAME] and display a copy of the directions in a prominent place in the common parts of the property. This to be done by the 20 December 2024 and the Tribunal notified as such by the 3 January 2024.

9. The Directions also note that any leaseholder who opposes the [NAME] should by the 17 January 2025 complete the reply form and return it to the Tribunal. The Landlord may by the 31 January 2025 provide a brief reply to any leaseholder who opposes the [NAME].

10. The Landlord confirmed to the Tribunal within their Statement of Case on 7 February 2025 that no objections had been received.

11. The only issue for the Tribunal is whether or not it is reasonable to dispense with the statutory consultation requirements of Section 20 of the 1985 Act. This [NAME] does not concern the issue of whether any service charge costs will be reasonable or payable.

Documents 12. The Tribunal has had recourse to the Bundle of 66 pages which includes the [NAME] form, Directions, statement of case, copy of lease, copy of Dangerous Structure Notice and invoices. The Tribunal’s decision 13. The Tribunal grants dispensation under Section 20 ZA of the Landlord and Tenant Act 1985 and the Service Charges (Consultation) (England) 2003 for the works set out in the [NAME].

14. We are, aware of the judgment in [COMPANY] v Benson and others [2013] UKSC 14. The [NAME] for dispensation is not challenged.

15. The Supreme Court (Lord [NAME] at para 50) accepted that there must be real prejudice to the tenants. Indeed, the Respondents do not oppose the [NAME]. It is accepted that we have the power to grant dispensation on such terms as we think fit. However, the Landlord is entitled to decide the identity of the contractors who carry out the work, when they are done, by whom and the amount. The safety net for the Respondents is to be found in Sections 19 and 27A of the Landlord and Tenant Act 1985.

16.

Accordingly, we find that unconditional dispensation should be granted.

17. Our decision is in respect of the dispensation from the provisions of s20 of the Act only. It is open to the opposing leaseholder or others to apply under the Landlord and Tenant Act 1985 Section 27A, should there be concerns over the payability and reasonableness of the service charge, these may include concerns over necessity, quality of work and its cost. [NAME]: [NAME] [NAME]

1 April 2025

ANNEX – RIGHTS OF APPEAL

1. 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 at the Regional Office which has been dealing with the case.

2. 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].

3. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request to 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 (ie 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