First-tier Tribunal Grants Dispensation for Urgent Repairs Due to Dry Rot

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00BK/LDC/2019/0125 Property : Blocks 1-6, 8 and [ADDRESS], London NW1 Applicants : [redacted] Limited Representative : [RESPONDENT] Respondent : [redacted] Representative : N/A Type of [NAME] : Dispensation – section 20ZA Tribunal Members : Judge [NAME] and venue of (paper) hearing :

10 [ADDRESS] [POSTCODE] 30 September 2019 Date of Decision : 30 September 2019

DECISION

The tribunal’s decision

1. The tribunal determines that it is reasonable and appropriate to dispense with the consultation requirements of section 20 of the Landlord and Tenant Act 1985, in respect of the Applicant’s remedial works to repair rotten timbers and to make good any plaster damaged as a result of these works at flat [ADDRESS].

The [NAME]

2. This [NAME] is made under section 20ZA of the Landlord and Tenant Act 1985 (“the 1985 Act”) seeking the tribunal’s dispensation from the consultation requirements in respect of works of repair to remedy dry rot and any consequent damage plaster at premises situate at Blocks 1-6, 8 and [ADDRESS], London NW1 (“the premises”).

3. The said premises comprise of 96 flats in residential purpose built blocks. In support of the [NAME] the tribunal was provided with a witness statement of [COUNSEL] solicitor, dated 16/09/2019. Mr. [COUNSEL] told the tribunal that urgent works to repair the timbers subject to dry rot §out and completed in June 2019. These works, which although found to have been more extensive than originally anticipated, were completed at a lower than anticipated final cost of £23,945.00 plus £2,586.00 for surveyor’s fees.

4. Directions were given by the tribunal dated 16 August 2019 requiring the Applicant to serve this [NAME] on each of the lessees. The tribunal was provided with a small lever arch file of documents on which the Applicant sought to rely. Although only three lessees responded to the service of the [NAME], no objections were made by these or any other lessee to this [NAME] either to the Applicant or directly the tribunal

5. The tribunal was also provided with a report of D. Fox C.T.I.S C.R.D.S of [NAME] dated 28/02/19 and revised on 22/03/19 detailing the works that were required.

The tribunal’s decision and reasons

6. The tribunal is satisfied that the identified works were of an urgent nature and required to be carried out at the earliest opportunity to prevent the further spread of the dry rot that had been identified. In the absence of any objection to the [NAME] or to the works, the tribunal is satisfied that it is reasonable and appropriate to dispense with the consultation provisions required by section 20C of the 1985 Act.

7. If the parties wish to dispute the cost of these works they are not prevented from doing so by this [NAME].

Signed: Judge Tagliavini

Dated: 30 September 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 he parties about any right of appeal they might have.

If a party wishes to appeal this decision to the Upper Tribunal ([NAME]), then a written [NAME] for permission must be made to the First-tier Tribunal at the [NAME] which has been dealing with the case.

The [NAME] for permission to appeal must arrive at the [NAME] 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 , such [NAME] must include a request for an extension of time and the reasons 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 these time limits.

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 ([NAME]).