First-tier Tribunal Grants Dispensation for Urgent Repairs

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BH/LDC/2023/0274 Property : 239 [ADDRESS] [POSTCODE] Applicant : [redacted] : [NAME] Respondent : [redacted] out on the schedule annexed to the [NAME] : None Type of [NAME] : [NAME] for dispensation under s20ZA of the Landlord and Tenant Act 1985 Tribunal member(s) : Judge Dutton Date and venue of hearing : Paper determination Date of decision : 23 January 2024

DECISION

2 Decisions of the tribunal The tribunal determines that dispensation should be granted from the consultation provisions under s20 of the Landlord and Tenant At 1985 for the reasons set out below. Background 1. This is an [NAME] under section 20ZA of the Landlord and Tenant Act 1985 (the Act) by the landlord, [APPELLANT] in respect of the property 239 [ADDRESS] [POSTCODE] (the Property) for dispensation from the consultation requirements under s20 of the Act. The [NAME] is dated 30 October 2023.

2. I have been supplied with a bundle running to some 47 pages. As well as the [NAME], the bundle includes the directions issued by the tribunal on 17 November 2023, a witness statement from [NAME] a property manager with [COMPANY] who are the managing agents for the property, the planned works and costs produced by [COMPANY] ([COMPANY]) and a sample lease. I have taken them into account when reaching my decision.

3. The property is a purpose-built block containing, I am told 8 flats, although the lease only refers to 6, and at ground floor level commercial premises. I am told that urgent repairs were required to a flat roof which appears to provide not only access to the flats but is also above the commercial premises. The water ingress was affecting the operation of the commercial premises. In addition, if not dealt with urgently the continued water ingress could have led to a slip hazard for the leaseholders of the flats. The works have been completed, having started on 23 October 2023. The price was as shown on the report produced by [COMPANY], namely £5,400.

4. The directions issued on 17 November 2023 provided that in the absence of any disagreement the [NAME] would proceed as a paper determination. I have seen an email from [NAME] [NAME] a legal officer with [NAME] dated 6 December 2023 confirming that the directions relating to the service of the [NAME] and the accompanying documents had been sufficiently complied with. I am not aware that any leaseholder has objected to the [NAME] to dispense. Findings 5. I have considered this matter solely on the papers before me. This [NAME] relates only to the dispensation from the consultation requirements set out at s20 of the Act and the Service Charges (Consultation Requirements (England) Regulations 2013 (the Regulations). It does not relate to the reasonableness or payability of the costs associated with the works.

3 6. The report from [COMPANY] cites the rotted plywood boarding and the work required to repair the problem. I accept that these are matters that required urgent attention and I am satisfied that it is reasonable to grant dispensation from the consultation requirements. I have borne in mind the Supreme Court decision in [COMPANY] v Benson and others [2013] UKSC 14. There is no evidence of any prejudice caused to the leaseholders and indeed none have raised an objection to the [NAME]. Dispensation is therefore granted from the consultation process as provided for in the Regulations. Name: Judge Dutton Date: 23 January 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] 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).