First-tier Tribunal Grants Dispensation for Temporary Heat Alarm System

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BE/LDC/2020/0246 Applicant : [redacted] Respondents : [redacted] Property : [NAME], [ADDRESS] [POSTCODE] Tribunal : Judge M [NAME] of Decision : 10th May 2021

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

IMPORTANT – COVID 19 ARRANGEMENTS • Due to the Covid-19 pandemic, the London Regional office at [ADDRESS] is currently operating with a skeleton staff. Most judges and staff are working remotely. Where possible and appropriate, determinations are being made based on documents provided by parties in digital bundles. If a hearing is required, the tribunal will seek to accommodate this through the use of audio or video conferencing technology. While face-to-face hearings may be arranged in exceptional circumstances, these will be subject to necessary precautions to prevent the spread of infection. • Unless directed otherwise, all communications to the tribunal, including the filing of documents and bundles, should be by email ONLY, attaching a letter in Word format. Emails must be sent to [EMAIL]. The attachment size limit is 36MB. If your attachments are larger than 36MB they must be split over several emails. • If a party does not have access to the Internet and/or cannot prepare digital documents, they should contact the case officer about alternative arrangements. • Parties are notified that, due to the pandemic, it is likely to take longer than usual for the tribunal to respond to correspondence. Please do not chase for a response unless truly urgent.

2 Background to the [NAME] (1) The landlord/applicant has applied for dispensation from the statutory consultation requirements in respect of the fitting of a temporary heat alarm system at the property. (2) The [NAME] is said to be urgent because the development currently requires a waking watch which is very expensive for [NAME]. (3) The only issue for the tribunal is whether it is reasonable to dispense with the statutory consultation requirements. This [NAME] does not concern the issue of whether any service charge costs will be reasonable or payable. (4) The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 give guidance on how the [NAME] will be dealt with.

Decision 1. This matter was determined remotely following written representations. A face-to-face hearing was not held because all the issues could be determined on the papers. The documents referred to in this decision are in a bundle submitted by the applicant on 16th February 2021.

2. There as been no response or representations from any of the [NAME].

3. The Applicant seeks dispensation from the consultation requirements in relation to the installation of a temporary heat alarm system which will avoid the need for the costly waking watch which is currently being provided. The relevant development consists of 299 residential units and 16 commercial/retail units.

4. The Tribunal accepts a waking watch is highly undesirable for the [NAME] because of the very high cost of the same. Although no evidence of the current scale or cost of the waking watch has been provided, the tribunal is familiar with the very high costs of such matters.

5. The Tribunal is satisfied that any cost savings that might be achieved by tendering the work would likely be outweighed by the cost of providing the waking watch.

6. It is right that there does not yet appear to be a fee schedule or a quantified figure accompanying the [NAME] other than two relatively brief quotations, but the Tribunal considers that the [NAME] are adequately protected in this regard by their ability to challenge the reasonableness of any service charges they do end up incurring and

3 notes the urgency of the situation. It is therefore undesirable to go back to the applicant requesting more information.

7. Accordingly, the Tribunal grants dispensation for the cost of fitting a temporary fire alarm system and associated works as set out in the [NAME].

4

Appendix of relevant legislation Section 20 of the Act

(1) Where this section applies to any qualifying works or qualifying long term agreement, the relevant contributions of tenants are limited in accordance with subsection (6) or (7) (or both) unless the consultation requirements have been either: -

(a) complied with in relation to the works or agreement; or (b) dispensed with in relation to the works or agreement by (or on appeal from) a leasehold valuation tribunal.

(2) In this section “relevant contribution”, in relation to a tenant and any works or agreement, is the amount which he may be required under the terms of his lease to contribute (by the payment of service charges) to relevant costs incurred on carrying out the works or under the agreement.

(3) This section applies to qualifying works if relevant costs incurred on carrying out the works exceed an appropriate amount.

(4) The Secretary of State may by regulations provide that this section applies to a qualifying long-term agreement: -

(a) if relevant costs incurred under the agreement exceed an appropriate amount, or (b) if relevant costs incurred under the agreement during a period prescribed by the regulations exceed an appropriate amount.

(5) An appropriate amount is an amount set by regulations made by the Secretary of State; and the regulations may make provision for either or both of the following to be an appropriate amount: -

(a) an amount prescribed by, or determined in accordance with, the regulations, and (b) an amount which results in the relevant contribution of any one or more tenants being an amount prescribed by, or determined in accordance with, the regulations.

(6) Where an appropriate amount is set by virtue of paragraph (a) of subsection (5), the amount of the relevant costs incurred on carrying out the works or under the agreement which may be taken into account in determining the relevant contributions of tenants is limited to the appropriate amount.

(7) Where an appropriate amount is set by virtue of paragraph (b) of that subsection, the amount of the relevant contribution of the tenant, or each of the tenants, whose relevant contribution would otherwise

5 exceed the amount prescribed by, or determined in accordance with, the regulations is limited to the amount so prescribed or determined. 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.

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).