First-tier Tribunal Grants Dispensation for Urgent Drain Repairs

OUTCOME: Allowed

Case Reference : MAN/00DA/LDC/2022/0026

Property : [ADDRESS] [POSTCODE]

Applicant : [redacted]

Ltd.

Representative : [COMPANY]

Respondent: [redacted]

Type of Application : Landlord & Tenant Act 1985 – Section 20ZA

Tribunal Members : [APPELLANT]

[NAME] [NAME] of Decision : 12 September 2022

_______________________________________________

DECISION ____________________________________

© CROWN COPYRIGHT 2022

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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Summary Decision 1. The Tribunal gives dispensation from the consultation requirements.

Application 2. On 13 April [ADDRESS] Company Ltd (the applicant) applied for dispensation from the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985 (‘the Act’) with regard to works to the drains of [ADDRESS], Wetherby (‘the property’). The applicant considers that the works are needed to be carried out urgently.

3. Directions were issued on 08 July 2022. Those directions made it clear that the application does not concern the issue of whether any service charge costs resulting from any such works are reasonable or indeed payable and it will be open to lessees to challenge any such charged by the applicant.

4. The Directions considered that the matter is one that can be resolved by way of submissions of written evidence. Further to the Directions, the applicant provided a bundle of documents. The respondents did not provide any statement in response.

The Law 5. Section 20 of the Act limits certain service charges unless the consultation requirements in the section are complied with or dispensed with under section 20ZA is received. Section 20ZA provides:

(1) Where an application 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.

The Facts 6. The application was made due to sewage seeping into a leaseholders’ garage at the property. The seepage was caused by cracks in three manhole chambers. The leaseholders were informed of the application to the Tribunal on 13 April 2022 as well as the total costs of the works - £8,925.00 plus VAT. Only one quote was provided.

7. The works were completed in May 2022.

8. The applicant asserts that the works are urgent because of the bacteria in the sewage in the sewage creating a health and safety issue.

Decision 9. For the reasons set out in the application we consider that it is reasonable to give dispensation.

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RIGHTS OF APPEAL 10. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application to the First-tier Tribunal at the Regional Office, which has been dealing with the case.

11. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.

12. If the person wishing to appeal does not comply with the 28 day time limit, that person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.

13. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.

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Annex Flat Number Name Flat 1 Mr [NAME]. and Mrs [NAME] 2 Ms [NAME]. [NAME] 3 Mr [NAME]. and Mrs [NAME]. [NAME] 4 Mr [NAME]. and Mrs [NAME]. [NAME] 5 Mr [NAME]. [NAME] 6 Mr [NAME]. and Mrs [NAME] 7 Mr [NAME]. and Mrs [NAME]. [NAME] 8 Ms [NAME]. [NAME] and Ms [NAME]. [NAME] 9 Mrs [NAME]. [NAME] 10 Mr [NAME]. and [NAME]. [NAME] 11 Mr [NAME]. and Mrs [NAME]. [NAME] 12 Mr [NAME]. [NAME] and Ms [NAME]. [NAME] 13 Mr [NAME]. [NAME] 14 Miss H. [NAME] 15 Mr [NAME]. Boden Flat 16 Mr [NAME]. and Mrs [NAME]. [NAME] 17 Mr [NAME]. and Mrs [NAME]. [NAME] 18 Mr [NAME]. [NAME] 19 Mr [NAME]. and Mrs [NAME]. [NAME] 20 Mr [NAME]. and Mrs [NAME]. [NAME] 21 Mr [NAME]. [NAME] 22 Ms [NAME]. [NAME]

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Flat 23 Me M. [NAME] 24 Ms. [NAME]. [NAME] 25 Mr [NAME]. [NAME] 26 Mrs [NAME]. [NAME] 27 Mr [NAME]. and Mrs [NAME]. [NAME] 28 Mrs [NAME]. [NAME]