First-tier Tribunal Grants Dispensation from Consultation Requirements

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : BIR/41UE/LDC/2022/0031 Property : [ADDRESS] [POSTCODE] Applicant : [redacted] Representative : Mr [COUNSEL] (counsel) instructed by [COMPANY], Solicitors Respondents : [redacted] [ADDRESS] listed on the Appendix Representative : Mr [COUNSEL] (counsel) instructed by [NAME], Solicitors

Type of application : Application under section 20ZA of the Landlord and Tenant Act 1985 for dispensation of the consultation requirements in respect of qualifying works Tribunal member : Judge C [NAME] and place of hearing : 30 November 2022 by video hearing Date of decision : 7 December 2022

DECISION

© CROWN COPYRIGHT 2022

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UPON the Landlord’s application dated 20 September 2022 pursuant to section 20 ZA of the Landlord and Tenant Act 1985 (“the Act”) seeking dispensation with the requirement to comply with the consultation requirements pursuant to s.20 of the Act in relation to:

A. Works to repair fans connected with the fire alarm in the Property in the sum of £21,674.40 (including VAT) (“the Fan Works”)

B. Works to conduct fire door remedial and fire-stopping works within the Property (“the Remedial Fire Works”)

C. Works carried out by [NAME] [NAME] in carrying out the EWS Report dated October 2022 and the Fire Risk Appraisal of External Walls Report dated November 2022 (including the EWS1 Form) in the sum of £25,200 (including VAT) (“the AH Works”).

Hereafter referred to as “the Application”

AND UPON a letter dated 29 November 2022 from the Staffordshire Fire and Rescue Service by which the Enforcement Notice dated 8 March 2021 was withdrawn.

AND UPON the tenants of flats 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 21, 22, 23, 25 and 26 being jointly represented by [NAME] (“the Represented Tenants”) and consenting to dispensation as set out below.

AND UPON the tenant of Flat 1 consenting to the Application

AND UPON the tenants of Flats 3, 4, 17, 20 and 24 having been served with the Application.

AND UPON the tenant of Flat 3 having been represented by [NAME] but no longer being represented by the said solicitors.

The tenants of all the flats in the Property are hereafter collectively referred to as “the Tenants”

AND UPON the Landlord no longer seeking dispensation from the consultation requirements in relation to the Remedial Fire Works, as it will now undertake the consultation pursuant to s.20 of the Act in relation to those works as soon as reasonably practicable.

AND UPON hearing [COUNSEL], counsel for the Landlord and [COUNSEL], counsel for the Represented Tenants

3 The Tribunal grants dispensation from the consultation requirements of s.20 of the Act in respect of the following works (“the Works”) on the conditions set out below (“the Conditions”):

The Works

1. The Fan Works;

2. The AH Works;

3. The works carried out by [NAME] in carrying out the Fire Stopping Survey dated January 2022.

The Conditions

1. The Landlord will not be entitled to recover any costs of the Application as a service charge or administration charge under the terms of the leases of the Tenants.

2. The Landlord will pay a contribution towards the Represented Tenants’ legal costs of the Application in the sum of £12,500 plus VAT.

Judge C Goodall Chair First-tier Tribunal (Property Chamber)

Appeal

Any appeal against this decision must be made to the Upper Tribunal (Lands Chamber). Prior to making such an appeal the party appealing must apply, in writing, to this Tribunal for permission to appeal within 28 days of the date of issue of this decision (or, if applicable, within 28 days of any decision on a review or application to set aside) identifying the decision to which the appeal relates, stating the grounds on which that party intends to rely in the appeal, and stating the result sought by the party making the application.

4 List of Respondents

1. [NAME] 2. [NAME] [NAME] 3. [NAME] and [NAME] [NAME] 4. [COMPANY] 5. [NAME] and [NAME] 6. [NAME] and [NAME] 7. [NAME] 8. R G ([COMPANY] 9. [NAME] 10. [NAME] and [NAME] 11. [NAME] and [NAME] 12. [NAME] 13. [NAME] 14. [NAME] and [NAME] 15. [NAME] (flats 15 and 23) 16. [NAME] 17. [NAME] 18. [NAME] 19. [NAME] 20. [COMPANY] 21. [NAME] 22. [NAME] 23. [NAME] 24. [NAME] 25. [NAME]