First-tier Tribunal Grants Dispensation for Urgent Lift Repairs

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CAM/42UG/LDC/2019/0031 Property : [ADDRESS], [POSTCODE] Applicant : [redacted] Respondents : [redacted] [NAME] of [NAME] :

For dispensation of the consultation requirements under section 20ZA Tribunal Member : Judge Wayte Date of Decision : 5 November 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 lift works. The property concerned is described in the [NAME] as a purpose-built block of flats up to four storeys high with a communal lift (“the Property”). The [NAME] is made against the [NAME] in the schedule attached to the [NAME] form (“the Respondents”).

2. The issue in this case is whether the consultation requirements of section 20 of the 1985 Act should be dispensed with. The background 3. The [NAME] was received on 14 October 2019. Directions were given the same day with the Applicant required to serve the [NAME] and directions on the Respondents. The directions contained a reply form for any leaseholder who objected to the [NAME] to return to the tribunal and the Applicant. The Applicant confirmed service on the Respondents by letter dated 16 October 2019.

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 5 November 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 [NAME] stated that the communal lift has been regularly breaking down in the course of the last 4/5 weeks preceding the [NAME]. After investigation it was discovered that a new “nexus processor” was causing the problems and required replacement. The Applicant has expressed concern for the welfare of the elderly residents who struggle to use the stairs on a day to day basis. The Applicant agreed a quote of £5,356.95 excluding VAT with [APPELLANT], after being unable to obtain a more competitive quote from another company and therefore wishes to dispense with the statutory consultation process to avoid further delay.

3 The Respondents’ position 8. 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 were urgently required and properly authorised. 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. Name: Judge Wayte Date: 5 November 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.

4 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).