First-tier Tribunal Grants Emergency Works Dispensation

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AY/LDC/2021/0096 HMCTS code (paper)

P: PAPERREMOTE Property : Flats 1-8, [ADDRESS], London [POSTCODE] Applicant: [redacted] Lambeth Representative

: [COUNSEL] [ref: HOS/LIT/ASTEPANY/LARKHALLWALL/686496 Respondents : [redacted] Rise, London [POSTCODE] Representative : N/A Type of [NAME] : Section 20ZA – dispensation from consultation Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 31 August 2021

DECISION

2 Covid-19 pandemic: description of hearing This has been a remote hearing on the papers which has not been objected to by the parties. The form of remote hearing was P:PAPERREMOTE. A face-to- face hearing was not held because it was not practicable, and no-one requested the same. The documents that the Tribunal were referred to are in a bundle of 56 pages, the contents of which have been noted. The tribunal’s summary decision (1) The tribunal grants the applicant’s [NAME] for retrospective dispensation from the consultation requirements of section 20 of the Landlord and Tenant Act 1985, in respect of the demolition of the boundary wall attached to the Building in which Flats 1-8, [ADDRESS], London [POSTCODE] are situated (‘the subject premises’).

1. This is an [NAME] seeking the tribunal’s retrospective dispensation from the consultation requirements of section 20 of the Landlord and Tenant Act 1985 in respect the demolition of a boundary wall attached to the Building in which the subject premises are situate.

2. In support of the [NAME], the applicant relied upon Submissions/Witness Statement of [APPELLANT], [NAME] dated 01/04/2021 and to which a Statement of Truth was attached.

3. This statement set out the chronology of the [NAME] and the reasons for it. It was stated that the works to demolish the Boundary wall had become urgent due to its collapse, thereby endangering members of the public and residents. Also in support of the [NAME], the applicant relied upon a report dated 11/12/2020 from [APPELLANT], [NAME] Manager. This report set out the danger presented by the boundary wall due to it being located on a road to which the public have access. However, the applicant sought dispensation for only the emergency works of demolition and stated the work of rebuilding the wall was subject to the consultation requirements.

4. The applicant confirmed that the [NAME] and the tribunal’s directions dated 4 June 2021 had been sent to the [NAME]. On enquiry, it was confirmed to the applicant by the tribunal that no Reply Form had been received from any of the [NAME] or any other form of objection/consent. The applicant also confirmed that no communication had been received from any of the [NAME].

3 The tribunal’s decision and reasons 5. The tribunal is satisfied that the works carried out by the applicant in demolishing the boundary wall attached to the Building were both necessary and urgent. In the absence of any objection to the carrying out of these works, the tribunal is satisfied that the [NAME] have not been prejudiced by the lack of consultation

6. Therefore, the tribunal grants the [NAME] sought and dispenses with the consultation requirements in respect of the demolition (and [NAME] safe) of the Boundary wall attached to the subject premises.

Name: Judge Tagliavini

Date: 31 August 2021

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).