First-tier Tribunal Grants Dispensation for Urgent Lift Repairs

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AF/LDC/2025/0614 Property : [NAME], [ADDRESS], [POSTCODE] Applicant : [redacted] : Ms [COUNSEL], [NAME] Respondents :

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

Judge Robert Latham Alison Flynn MA MRICS

Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 20 March 2025

DECISION

The Tribunal grants this [NAME] to dispense with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985 without condition in respect of urgent works to bring a lift back into operation.

2 The [NAME]

1. By an [NAME], dated 17 January 2025, the Applicant applies for dispensation from the statutory duty to consult in respect of urgent works to bring a lift back into use. The cost of the works will exceed the statutory threshold of £250 per flat. 2. [NAME] is a 5 storey block of 25 flats. On 17 October 2024, the lift was reported by residents as [NAME] strange noises when in service. An engineer attended on 18 October and found items trapped in the lift guide shoes. The lift was taken out of service for safety reasons. The cost of the works is some £10,236 (inc VAT). The average cost per flat will be some £410. The Applicant is anxious to put the lift back into service at the earliest opportunity. Undue delay would be caused were the Applicant to follow the statutory consultation procedures.

3. On 3 February 2025, 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.

4. By 10 February 29025, the Applicant was directed to send to the leaseholders 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 leaseholder/sublessee; (ii) 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.

5. By 21 February 2025, any leaseholder 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 leaseholder was further directed to send the Applicant a statement in response to the [NAME]. No leaseholder has returned a completed Reply Form opposing the [NAME].

6. The Applicant has provided a Bundle of Documents (55 pages) in support of the [NAME]. It has also provided a copy of the lease for Flat 2 [NAME].

7. 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.”

3 8. 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.

9. 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.

10. 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 20 March 2025

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 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).