First-tier Tribunal Grants Dispensation for Urgent Compressor Replacements

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BF/LDC/2022/0203 HMCTS code (paper, video, audio) : P: PAPERREMOTE Property : [ADDRESS] [POSTCODE] Applicant : [redacted] : [COMPANY] Respondents : [redacted] : N/A Type of [NAME] : For the dispensation of consultation pursuant to section 20ZA of the Landlord and Tenant Act 1985 Tribunal members : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 13 February 2023

DECISION

2

Summary decision of the tribunal (i) The tribunal grants the [NAME] for dispensation from consultation to carry out works of replacement to four compressors serving the subject Property i.e., two compressors in Unit 1 at a cost of £8,541.59 plus VAT and the replacement of two compressors in Unit 3 at a cost of £8,541.59 (plus VAT) totalling £20,499.82 including VAT. _____________________________________________________ The [NAME]

1. The Applicant seeks a determination pursuant to s.20ZA of the Landlord and Tenant Act 1985 (‘the 1985 Act’ due to urgent works being required at [ADDRESS] [POSTCODE] (‘[NAME]’) and include works to replace two compressors in Unit 1 at a cost of £8,541.59 plus VAT and the replacement of two compressors in Unit 3 at a cost of £8,541.59 (plus VAT) totalling £20,499.82 including VAT 2. [NAME] comprises a purpose-built block of 58 one- and two- bedroom apartments for an [NAME] of the over sixties. A full list of resident and non-resident [NAME] was provided to the tribunal with contact details for each and the applicant confirmed in an email dated 19 December 2022 that the lessees had been notified of this [NAME] in accordance with the tribunal’s directions. The hearing 3. The determination was carried on the papers provided to the tribunal by the applicant in a bundle of 77 pages, as no party requested an oral hearing.

4. In the [NAME], the applicant stated that a problem with the supply of hot water at Elles House had been reported and was often tepid or cold. A repair was initially carried out but this proved to be unsuccessful in remedying the problem. Further investigations by [NAME] identified a number of compressors had burnt out and required replacement.

5. The documents relied upon by the applicant included a copy of the relevant lease, a letter dated 9 June 2002 to the [NAME] notifying them of the urgent works required to remedy the problem of the supply of hot water to [NAME] and the applicant’s intention to make this [NAME] to the tribunal. An estimate dated 03/08/2022 from [COMPANY] was also included, which set out the works required and the cost as well as some correspondence indicating the [NAME] wished the work to be completed at an early date. No objections or other correspondence was received the [NAME].

6. A letter dated 6 December 2022 to the tribunal from the applicant confirmed the required works had been carried out as a matter of urgency due to elderly nature of the [NAME] who might find the lack of heating and hot water particularly detrimental. The tribunal’s decision and reasons 7. In the absence of any objections from the [NAME] to this [NAME] and the proposed works and their urgent and essential nature, the tribunal determines that it is reasonable to grant the [NAME] for dispensation from consultation to carry out works of replacement to four compressors serving the subject Property;. [COMPANY] v [NAME] & Others [2013] UKSC 14.

7. In conclusion, the tribunal grants the dispensation sought.

Name: Judge Tagliavini Date:

13 February 2023

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, [NAME] 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).