First-tier Tribunal Grants Dispensation for Urgent Lift Electrical Works

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AM/LDC/2024/0069 Property : 232-280 [ADDRESS], [POSTCODE] Applicant : [redacted] : [COMPANY] (Ref: LIS6395) Respondents :

[redacted]

Type of [NAME] : Dispensation with Consultation Requirements under section 20ZA Landlord and Tenant Act 1985 Tribunal member :

Judge Robert Latham

Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 29 July 2024

DECISION

The Tribunal grants this [NAME] to dispense retrospectively with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985 without condition in respect of urgent electrical works to the lifts.

2

The [NAME]

1. By an [NAME], dated 14 February 2024, the Applicant (“[NAME]”) applies for retrospective dispensation from the statutory duty to consult in respect of urgent electrical works to the lifts. The cost of the works will exceed the statutory threshold of £250 per flat. 2. 232 - [ADDRESS] is an adjoining residential building housing 18 residential units on ground to fourth floors constructed in the 1970s. The main communal entrance is via a secured intercom and fob key access door which opens into hallway housing the flat entrance doors, electric intake and service/riser cupboards, lift motor room and access lobby and alternative exit door to the rear of the building. The lift serving the block was repeatedly breaking down, with [NAME] complaining on behalf of vulnerable tenants. The shutdown of this lift posed detrimental effects to users who had health conditions and added a significant amount of time to other people accessing the building. This was raised with [NAME] ([NAME]). Following the general repairs carried out by lift engineers, it was established that [NAME] were required to renew certain parts of the lift. The lift contractors then called in a [NAME] to assess this, to which they submitted the report for mandatory urgent repairs. Some of the description of works are shown as follows: (i) de pressurise the hydraulic system, remove the hydraulic oil from the tank unit and dispose; (ii) install the new motor and pump into the tank; (iii) fill the tank with new LG46 hydraulic oil and re-pressurise hydraulic system; (iv) service and overhaul a Bucher LRV valve unit and check for internal and external leaks; and (v) replace the parts as required.

3. On 14 February 2024, [NAME] notified the [NAME] of the works that had commenced and were almost complete. The estimated cost of the works was £9,412.50. The [NAME] were informed of the estimated cost for which they would be liable.

4. On 20 May 2024, the Tribunal issued Directions. The Directions stated that the Tribunal would determine the [NAME] on the papers, unless any party requested an oral hearing. No party has done so.

5. By 3 June 2024, the Applicant was directed to send to the [NAME] by email, hand delivery or first-class post: (i) copies of the [NAME] form (excluding any list of respondents’ names and addresses) unless already sent by the applicant to the [NAME]/sublessee; (ii) if not already provided in the [NAME], a brief statement to explain the reasons for the [NAME]; and (iii) the directions. The Applicant was further directed to display a copy of these in a prominent place in the common parts of the property. On 3 June, the Applicant confirmed that it had complied with this Direction. It has provided a copy of the letter which was sent to the [NAME] on 24 May.

3 6. By 24 June 2024, any [NAME] who opposed the [NAME] was directed to complete a Reply Form which was attached to the Directions and send it both to the Tribunal and to the Applicant. The [NAME] was further directed to send the Applicant a statement in response to the [NAME]. No [NAME] has returned a completed Reply Form opposing the [NAME]. On 11 July, the Applicant confirmed that no objection had been received.

7. The Applicant has provided a Bundle of Documents (162 pages) in support of the [NAME]. It has also provided a copy of the lease for [ADDRESS].

8. 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.”

9. The only issue which this Tribunal has been required to determine is whether or not it is reasonable to dispense with the statutory consultation requirements. This [NAME] does not concern the issue of whether any service charge costs will be reasonable or payable.

10. The Tribunal is satisfied that it is reasonable to grant retrospective dispensation from the statutory consultation requirements. This is justified by the urgent need for the works. There is no suggestion that any prejudice has arisen. In the circumstances, it is appropriate to grant dispensation without any conditions.

11. The Directions make provision for the service of the Tribunal’s decision. The Tribunal will email a copy of its decision to the Applicant. The Applicant is responsible for serving a copy of the Tribunal’s decision on the Respondents. Judge Robert Latham 29 July 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.

4 If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made by e-mail 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).