First-tier Tribunal Grants Dispensation for Urgent Electrical Repairs

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL [NAME] CHAMBER ([NAME]) Case reference : LON/00BE/LDC/2023/0106 [NAME] : [ADDRESS], Peckham, London [POSTCODE] Applicant : [redacted] : [APPELLANT] Respondents : [redacted] : N/A

Type of [NAME] : [NAME] for dispensation to consult – section 20ZA of the Landlord and Tenant Act 1985 Tribunal : Judge Tagliavini Date of decision : 8 August 2023

DECISION

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The tribunal’s summary decision

(1.) The tribunal grants dispensation pursuant to s.20ZA of the Landlord and Tenant Act 1985 (‘the 1985 Act’) in respect of urgent works to the electrics at [ADDRESS], Peckham, [POSTCODE] London as identified in the estimate of A [COMPANY].

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The [NAME]

1. This is an [NAME] made pursuant to section 20ZA of the Landlord and Tenant Act 1985 (‘the 1985 Act’) seeking dispensation for the consultation requirements in respect of the works required to urgently address faulty electrics at [ADDRESS], Peckham, London [POSTCODE] (‘the premises’).

Background

2. The subject premises comprises a purpose built block of nine flats.

3. The Applicant has applied for dispensation from the statutory consultation requirements in respect of repairs to fix the faulty electrics in the [NAME]. These health and safety works were carried out urgently following some electric testing which revealed that some of the electrics were dangerous and in need of repair to ensure the safety of the owners and prevent further damage to the [NAME]. In light of the urgency of the required works they were carried out without consultation with the [NAME]. The cost of the works was estimated at £9,600 (inc. VAT) as set out in the estimate of A [COMPANY].

4. The tribunal was satisfied the [NAME] had been informed of this [NAME] as stated in an email from the applicant to the tribunal dated 31 May 2023. However, no response/objections have been received by the tribunal from the respondents.

The hearing

5. The [NAME] was determined by the tribunal on the papers as no party requested an oral hearing. In [NAME] its decision the tribunal took into account the information provided by the applicant by way of a bundle comprising 51 electronic pages which included a witness statement from [NAME] [NAME] manager dated 24 May 2023. No documentation was received from the respondents.

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The tribunal’s decision and reasons

6. The tribunal grants dispensation pursuant to s.20ZA of the Landlord and Tenant Act 1985 (‘the 1985 Act’) in respect of the repairs to the electrical works at the subject premises.

7. The tribunal has had regard to the urgent nature of the works as evidenced by the reports included in the documents provided to the tribunal and the absence of any objection by the respondents to either the works that have been carried out or to this [NAME]. The tribunal has also considered the absence of prejudice caused by the lack of consultation pursuant to section 20 of the 2985 Act in respect of the works for which the applicant seeks dispensation. Therefore, in the circumstances the tribunal considers it reasonable and proportionate to grant the [NAME] sought; [COMPANY] v Benson and others [2013] UKSC 14.

Name: Judge Tagliavini

Date: 8 August 2023

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME] 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.

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The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the [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).