First-tier Tribunal Grants Dispensation for Urgent Boiler Installation

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AW/LDC/2023/0243 Property : [ADDRESS], [POSTCODE] Applicant : [redacted] : None Respondent : [redacted] Type of [NAME] : For dispensation from statutory consultation Tribunal member(s) : [NAME] of determination : 22 March 2024

DECISION

2 Decision of the Tribunal The Tribunal grants the [NAME] for dispensation from statutory consultation in respect of the qualifying works. The [NAME]

1. The applicant, Mr [APPELLANT], is a director of [ADDRESS] (1993) [RESPONDENT] – the landlord of the subject premises [ADDRESS], [POSTCODE]. The property is a purpose-built block of 9 flats located on the corner of [ADDRESS] and [ADDRESS].

2. The [NAME], dated 28 September 2023, seeks a determination pursuant to section 20ZA of the Landlord and Tenant Act 1985 (“The Act”) dispensing with statutory consultation in respect of qualifying works. At the time of that [NAME], those works had not been carried out, but the Tribunal understands they have now been on 25 October 2023.

3. Directions were issued by the Tribunal on 3 November 2023. Those Directions provided that the applicant was to send to the leaseholders of the property copies of the [NAME] form (if not already sent) and the Tribunal’s Directions. In addition, the applicant was to display a copy of the Directions in the common parts. In a letter dated 3 February 2024, the applicant confirmed to the Tribunal, following a request for that confirmation from the Tribunal in a letter dated 2 February 2024, that this had been done on 18 November 2023.

4. The Tribunal’s letter of 2 February 2024 also requested that the applicant provide the name of the landlord of [ADDRESS], confirm that the applicant is a director of that company and provide evidence of the works carried out by way of reports or invoices. The applicant did so in his letter dated 3 February 2024 in addition to confirming that service had been effected.

5. The Tribunal considered that a paper determination of the [NAME] was appropriate, and the applicant indicated that they were content for this to happen in their [NAME]. The Tribunal therefore determined the matter on the basis of the papers provided to it without a hearing.

6. The Tribunal did not inspect the subject property as it was not necessary to do so to determine the present [NAME].

3 The Qualifying Works

7. The applicant avers that the communal boiler had failed its service and been deemed unfit. It was therefore turned off, and a new replacement boiler needed to be installed urgently.

8. The applicant has provided an invoice dated 15 November 2023 from [COMPANY]. That invoice provides a detailed breakdown of the work carried out, summarised as “boiler installation” – to a total cost of £5,030.52 including VAT.

9. Whilst no consultation was carried out, the applicant says he provided a ‘list of options’ on 28 August 2023, and a further ‘list of options’ along with advice that the current boiler had been deemed unfit on 21 September 2023. Decision and Reasons 10. Section 20ZA(1) of the Act provides: Where an [NAME] is made to the appropriate tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works or qualifying long term agreement, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements.

11. The applicant’s case is that the works were required urgently to install a new communal boiler, the previous one having been shut down as it was deemed unfit. The applicant has provided an invoice in support of this, the works having now been conducted.

12. The Tribunal has not received submissions from any leaseholders or other interested parties objecting to the [NAME] or its contents and the applicant has confirmed they have not received any such objections either.

13. On the balance of evidence provided to the Tribunal, the Tribunal finds that it was appropriate to carry out the qualifying works without carrying out statutory consultation. It is clearly reasonable to seek, in Autumn in the present case, to urgently install a new communal boiler when the previous one has been deemed unfit and has been turned off as a consequence.

4 14. The Tribunal therefore considers it reasonable to grant the [NAME] for dispensation from statutory consultation. No conditions on the grant of dispensation are appropriate and none is made.

15. This decision does not affect the Tribunal’s jurisdiction upon an [NAME] to make a determination under section 27A of the Act in respect of the reasonable and payable costs of the works, should this be disputed by any leaseholder. Name: Mr [NAME]: 22 March 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 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).