First-tier Tribunal Grants Urgent Lift Repairs Dispensation Without Conditions

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AM/LDC/2019/0118 Property : [ADDRESS], [POSTCODE] Applicant : [redacted] : [COMPANY] Respondents :

[redacted] [NAME] of [NAME] : Dispensation with Consultation Requirements under section 20ZA Landlord and Tenant Act 1985. Tribunal Members :

Judge Robert Latham Sue Coughlin MCIEH

Date and venue of Hearing : 2 September 2019 at 10 [ADDRESS] [POSTCODE] Date of Decision : 2 September 2019

DECISION

The Tribunal grants this [NAME] to dispense unconditionally with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985.

2 Reasons 1. By an [NAME] made on 29 July 2019, the Applicant seeks dispensation with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985 (“the Act”) in respect of the works described below. The Applicant stated that it was content for the [NAME] to be dealt with on the papers. No Respondent has requested an oral hearing.

2. Sheldon House is a purpose-built block of 18 residential apartments and 8 commercial units. The lift has broken down and requires reinstatement. [NAME] have provided an estimate in the sum of £3,243 + VAT. Scaffold is required as the lift has broken down on the top floor. The contractor will remove the safety gear and carry out a full investigation of the fault. Additional works may be found to be required.

3. On 2 April, the Tribunal issued Directions. On 9 August, the Applicant sent a copy of the [NAME] form and the Directions to all the [NAME]. [NAME] who opposed the [NAME] was directed to complete a Reply Form which was attached to the Directions and return it to the tribunal. No [NAME] has opposed the [NAME].

4. Section 20ZA (1) of the Act provides: “Where an [NAME] is made to the appropriate tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works or qualifying long term agreement, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements.”

5. The only issue which this Tribunal has been required to determine is whether or not it is reasonable to dispense with the statutory consultation requirements. This [NAME] does not concern the issue of whether any service charge costs will be reasonable or payable.

6. The Tribunal is satisfied that it is reasonable to grant dispensation from the subsequent stages of the consultation requirements. This is justified by the urgent need for the works to reinstate the lift. There is no suggestion that any prejudice has arisen. In the circumstances, it is appropriate to grant dispensation without any conditions.

Judge Robert Latham, 2 September 2019

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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).