First-tier Tribunal Grants Dispensation for Urgent Roof Repairs

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AW/LDC/2019/0211 Property : 43 – [ADDRESS] [POSTCODE] Applicant : [redacted] : [RESPONDENT] Respondent [NAME] : [NAME] as per the [NAME] : - Type of [NAME] : To dispense with the consultation requirements under S.20 Landlord and Tenant Act 1985 Tribunal member(s) : [NAME] and venue of determination : 15 [ADDRESS] [POSTCODE]

DECISION

2

Decision of the tribunal (1) The Tribunal grants dispensation from all the consultation requirements under S.20 of the Landlord and Tenant Act 1985 in relation to the roof survey, repairs and associated costs. The Background 1. The [NAME] under section 20ZA of the Landlord and Tenant Act 1985 (“the Act”) was made by [APPELLANT] on behalf of the Applicants on 2nd December 2019.

2. The [NAME] concerned the steps necessary to identify the works required to prevent further water ingress into the building and make good the damage to the top floor flats.

3. Directions were issued on 11 December 2019 requiring the applicant to prepare bundles by 10 January 2020 to include statements (i) Setting out the full grounds for the [NAME], including all the documents on which the landlord relies and copies of any replies from the tenants; (ii) The [NAME] were asked to confirm by 23rd December 2019 whether or not they would give their consent to the [NAME]. (iii) In the event that such agreement was not forthcoming the [NAME] were to state why they opposed the [NAME]; and provide copies of all documents to be relied upon.

4. No responses were received from the [NAME].

5. The lessees were informed in the Directions issued by the Tribunal that the question of reasonableness of the works or cost was not included in this [NAME], the sole purpose of which is to seek dispensation. The Evidence 6. The property comprises a building built in the early 1900’s and converted to 27 flats over 6 storeys.

7. By paragraph 4.2 of the leases, the Applicant has covenanted as follows:

3 To maintain and keep in good and substantial repair and condition: (i) The main structure of the Building including the principal internal timbers and the exterior walls and the foundations and the roof …...

8. The Applicant stated that on 24 September 2019 the property Housekeeper reported that following heavy rainfall there had been significant water ingress into [ADDRESS] which had resulted in the living room ceiling collapsing. Leaks elsewhere in the property were also reported including to [ADDRESS].

9. A surveyor was appointed to ascertain the cause of the water ingress as other leaks had been reported previously. Scaffolding was required and quotations obtained for the works.

10. A notice of intention to carry out the works was served on 24 October 2019 and the [NAME] were advised at the same time that an [NAME] for dispensation under section 20ZA was to be made. No observations and/or nominations of contractors have been received. 11. [NAME] were working on a neighbouring building and could commence work the soonest. They submitted their initial quotation on 1st November in the sum of £22,316.00 + VAT. Scaffolding was erected on 4 December and a final schedule of works was agreed with a total cost of £18,933.00 +VAT on 12 December 2019.

12. Full works commenced on 6 January 2020, overseen by [NAME].

13. The applicant states that dispensation is sought due to the urgency to undertake the works to avoid further damage to the affected flats and before the weather gets wetter and colder. The Decision 14. The relevant test to be applied in an [NAME] for dispensation was set out by the Supreme Court in [COMPANY] v [NAME] & Ors [2013] UKSC 14 where it was held that the purpose of the section 20 consultation procedure was to protect tenants from paying for inappropriate works or paying an inappropriate amount. Dispensation should not result in prejudice to the tenant.

15. The Tribunal determines from the evidence before it that the works were necessary, were required to be completed as soon as possible to

4 reduce the risk of further damage to the building and comply with the landlord’s covenants within the leases. 16. On the evidence before it, and in these circumstances, the Tribunal determines that the [NAME] for dispensation be granted. Name: [NAME]: 15 January 2020

ANNEX - RIGHTS OF APPEAL

i. 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.

ii. 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].

iii. 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.

iv. 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.