First-tier Tribunal Grants Dispensation for Urgent Repairs

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AW/LDC/2024/0131 Property : [ADDRESS] [POSTCODE] Applicant : [redacted] Estate Representative : [COMPANY] Respondents : [redacted] 3-12 Representative : N/A Type of [NAME] : [NAME] for dispensation – s.20ZA of the Landlord and Tenant Act 1985 Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 15 July 2024

DECISION

2 The tribunal’s summary decision 1. The tribunal grants the applicant dispensation from the consultation requirements in respect of the works carried out to repair/replace a cracked cast iron pipe of the external wall of the building situate at Campden House court, 42 [ADDRESS] [POSTCODE] (‘the Building’). _____________________________________________________ The [NAME]

2. This is an [NAME] made under the provisions of s.20ZA of the Landlord and Tenant Act 1985 seeking dispensation from the requirement to carry out consultation for intended works to the Building. Background 3. The intended works to repair/replace a cracked cast iron pipe to the external wall of the Building are said to be urgent due to the security concerns raised by the presence of necessary scaffolding and the likelihood of damage to the fabric of the Building by water penetration from the cracked downpipe.

4. The building comprises a purpose built block pf 14 flats across 5 stories. Flats 1, 1A and 3-12 are occupied by [NAME]. Flat 2 is provided for the use of a caretaker.

5. A Notice of Intention to carry out these works was served on the [NAME] as well as this [NAME] for dispensation. The cost of the works have been quoted by [COMPANY] to be in the region of £11,100 (including VAT). The hearing 6. Neither party requested an oral hearing and this matter was determined on the papers using the digital bundle of 31 pages provided by the applicant.

7. No representations were received from any of the respondent lessees.

8. The tribunal was satisfied by the applicant that notice of this [NAME] had been given to the respondents in accordance with the tribunal’s directions dated 22 May 2024. The tribunal’s decision and reasons

3 9. In the absence of the identification of any or any substantive prejudice caused to the respondents, were the [NAME] to be granted and in light of the urgent nature of the works carried out, the tribunal considers it appropriate to grant the dispensation sought; [COMPANY] v Benson and others [2013] UKSC 14 & [2013] UKSC 54

Name: Judge Tagliavini

Date: 15 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. 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] should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-[NAME]-for- permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber 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).