First-tier Tribunal Grants Dispensation for Urgent Fire Safety Works

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CAM/00MD/LDC/2019/0021 Property : [ADDRESS] [POSTCODE] Applicant : [redacted] Respondents : [redacted] 32 Type of [NAME] :

For dispensation of the consultation requirements under section 20ZA Tribunal Member : Judge Wayte Date of Decision : 17 September 2019

DECISION

The Tribunal determines that an order for dispensation under section 20ZA of the 1985 Act shall be made dispensing with all of the consultation requirements in relation to the works described in the [NAME].

2 The [NAME]

1. The Applicant seeks an order pursuant to s.20ZA of the Landlord and Tenant Act 1985 (as amended) (“the 1985 Act”) for the dispensation of any or all of the consultation requirements in respect of urgent works to install a heat detector in each apartment, linked to the main communal fire alarm, as recommended by the Fire Risk Officer. The property concerned is described in the [NAME] as a purpose-built block of 32 retirement apartments built in 2001 (“the Property”). The [NAME] is made against the [NAME] of all 32 apartments (“the Respondents”).

2. The issue in this case is whether the consultation requirements of section 20 of the 1985 Act should be dispensed with.

3. The [NAME] was dated 15 August 2019. Directions were given on 20 August 2019 to include service of the [NAME] and directions on the Respondents by the Applicant, which confirmed on 27 August 2019 that this has been done. The directions contained a reply form for any leaseholder who objected to the [NAME] to return to the tribunal and the Applicant.

4. The directions provided that this matter would be considered by way of a paper determination unless a hearing was requested. A hearing was not requested and accordingly the [NAME] was considered on the papers on 17 September 2019.

5. The Tribunal did not consider that an inspection was necessary, nor would it have been proportionate to the issues in dispute.

6. The only issue before the Tribunal is whether it should grant dispensation from all or any of the consultation requirements contained in section 20 of the 1985 Act. The Applicant’s case 7. The Applicant provided a bundle for the determination. In their grounds for seeking dispensation, they confirm that a fire compartmentation survey revealed serious issues with the Property which appear to be due to failings by the original developer, Taylor Woodrow. Pending major works to address the fire compartmentation issues they have moved from a Stay Put/Deferred Evacuation Procedure to a Simultaneous Evacuation Procedure.

8. There are already smoke detection and alarms in the Property but the Fire Officer indicated that there was a risk to residents if a fire started in an unoccupied apartment. That led to the proposal to install heat detectors in each apartment, a more cost-effective solution than a

3 “waking watch” or 24-hour concierge service. A quote was obtained from the company that currently maintains and services the fire alarm systems for £8,999 plus VAT, [NAME] a total of £10,798.80. The intention is to use monies from the reserve fund to pay for the works.

9. The Applicant still plans to proceed with fire compartmentation works as it acknowledges that reliance on simultaneous evacuation is challenging given that this is a retirement property. This is in accordance with the Fire Regulations which state: “Reliance on simultaneous evacuation is also detrimental to the equality of disabled people, who may be unable to evacuate without assistance…the appropriate, ultimate solution is to rectify the associated defects, rather than permanently to change the stay put strategy.” The heat detectors would remain in situ to provide an early warning system.

10. The Applicant wrote to the [NAME] on 13 August 2019 to inform them of the [NAME] to dispense with consultation. The Respondents’ position 11. The directions provided for any Respondent who wished to oppose the [NAME] for dispensation to complete the reply form attached to the directions and send it to the tribunal and the Applicant. Neither the Applicant nor the tribunal has received any response or statement of case in opposition to the [NAME]. In the circumstances the tribunal concluded that the [NAME] was unopposed. The Tribunal’s decision 11. The Tribunal determines that an order for dispensation under section 20ZA of the 1985 Act shall be made dispensing with all of the consultation requirements in relation to the works outlined above. Reasons for the Tribunal’s decision 12. The tribunal has the jurisdiction to grant dispensation under section 20ZA of the 1985 Act “if satisfied that it is reasonable to dispense with the requirements”.

13. The [NAME] was not opposed by the [NAME]. The tribunal is satisfied that the works are urgently required. In the circumstances it is appropriate to grant an order for dispensation. [NAME] under s.20C 14. There was no [NAME] for any order under section 20C before the tribunal.

4

Name: Judge Wayte Date: 17 September 2019

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).