First-tier Tribunal Grants Urgent Repairs Dispensation

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference :

LON/00AP/LDC/2024/0204

Property : [ADDRESS], [POSTCODE]

Applicant: [redacted] : [COUNSEL], FRICS Respondent: [redacted] :

None Type of Application :

An application under section 20ZA of the Landlord and Tenant Act 1985 for dispensation from consultation prior to carrying out works Tribunal Members : Mr [NAME] B [NAME] of Decision : 15 October 2024

DECISION

2 Decisions of the Tribunal

The Tribunal determines that dispensation should be given from the consultation requirements in respect of the works to repair the roof level cornice and turret at the property (the “ [NAME]”) at [ADDRESS], [POSTCODE] as required under s.20ZA of the Landlord and Tenant Act 1985 (“the Act”) for the reasons set out below.

This application does not concern the issue of whether any service charge costs will be reasonable or payable. The leaseholders will continue to enjoy the protection of Section 27a of the Act.

The Tribunal directs the Applicant to send a copy of this Decision to the leaseholders and to display a copy in the common parts of the buildings.

The application 1. The Applicant seeks a determination pursuant to s.20ZA of the Landlord and Tenant Act 1985 (“the 1985 Act”) to dispense with the statutory consultation requirements associated with carrying out necessary and essential [NAME] at [ADDRESS], [POSTCODE] (the “property”).

2. An application was received by the First–tier Tribunal dated 24 July 2024 seeking dispensation from the consultation requirements. Directions were issued to the Applicant on 21 August 2024. These Directions required the Applicant to advise the Respondent of the application and provide them with details of the proposed works including costs.

3. The relevant legal provisions are set out in the Appendix to this decision. Parties’ submissions 4. This matter was determined by written submissions. The Applicant submitted a bundle of relevant materials to the Tribunal.

5. No submissions were received from the Respondent. The background 6. The property which is the subject of this application comprises commercial premises at ground floor with residential properties above. It is a three storey property. The tribunal are told it has a pitched and slated roof with a brick built turret with slated sloped roof.

3 7. In the brief statement of case Mr [NAME] explains that the decorative stone cornice at roof level failed and segments fell onto the adjacent footpath. This falling debris caused a potential risk of injury to pedestrians using the footpath and vehicles on adjacent roadway.

8. Mr [COUNSEL] was instructed by the Applicant to design and supervise necessary repair works. In his submission he explained the appropriate consent to erect the scaffolding was secured from the Local Authority. The Contractors were then instructed to erect scaffolding to permit access for inspection and repair of the defective stonework and roof covering. The essential work was undertaken without [NAME] consultation to avoid delay and the associated risks to Public Safety of loose and defective masonry.

9. The tribunal are provided with no cost estimates or final bill for the [NAME].

10. The Applicant contends that Works were needed urgently to reduce the probability of injury to the public using the footpath situated immediately below the damaged cornice and roof covering.

11. This determination relies upon a bundle of papers which included the application, the Directions, Application, a brief Statement of Case, photographs and copy of a specimen lease.

16. The only issue for the Tribunal to consider is whether it is reasonable to dispense with the statutory consultation requirements in respect of the [NAME]. This application does not concern the issue of whether any service charge costs are reasonable or payable. The determination 17. The Tribunal has considered the papers lodged. There is no objection raised by the [NAME].

18. There is a demonstrated need to carry out the works urgently to obviate the risk to pedestrians and road users of the footpath and road situate adjacent to the property. It was essential works to identify defects and make good the cornice and turret repair promptly to mitigate Public Safety risks and the extent of any consequential damage to the building.

19. The Tribunal has not identified any prejudice to the [NAME] caused by the failure to comply with the statutory consultation procedure on this occasion.

4 20. It is for these reasons the Tribunal is satisfied it is appropriate to dispense with the consultation requirements for the [NAME].

21. It is the Applicant’s responsibility to serve a copy of the Tribunal’s decision on all Respondent leaseholders listed on the Application.

22. This decision does not affect the right of the Respondents to challenge the costs, payability or the standard of work should they so wish.

Valuer Chairman: [NAME]: 15 October 2024

5 Appendix of relevant legislation

Section 20 of the Act (1) Where this section applies to any qualifying works or qualifying long term agreement, the relevant contributions of tenants are limited in accordance with subsection (6) or (7) (or both) unless the consultation requirements have been either— (a) complied with in relation to the works or agreement, or (b) dispensed with in relation to the works or agreement by (or on appeal from) a leasehold valuation tribunal. (2) In this section “relevant contribution”, in relation to a tenant and any works or agreement, is the amount which he may be required under the terms of his lease to contribute (by the payment of service charges) to relevant costs incurred on carrying out the works or under the agreement. (3) This section applies to qualifying works if relevant costs incurred on carrying out the works exceed an appropriate amount. (4) The Secretary of State may by regulations provide that this section applies to a qualifying long-term agreement— (a) if relevant costs incurred under the agreement exceed an appropriate amount, or (b) if relevant costs incurred under the agreement during a period prescribed by the regulations exceed an appropriate amount. (5) An appropriate amount is an amount set by regulations made by the Secretary of State; and the regulations may make provision for either or both of the following to be an appropriate amount— (a) an amount prescribed by, or determined in accordance with, the regulations, and (b) an amount which results in the relevant contribution of any one or more tenant’s being an amount prescribed by, or determined in accordance with, the regulations. (6) Where an appropriate amount is set by virtue of paragraph (a) of subsection (5), the amount of the relevant costs incurred on carrying out the works or under the agreement which may be taken into account in determining the relevant contributions of tenants is limited to the appropriate amount. (7) Where an appropriate amount is set by virtue of paragraph (b) of that subsection, the amount of the relevant contribution of the tenant, or each of the tenants, whose relevant contribution would otherwise exceed the amount prescribed by, or determined in accordance with, the regulations is limited to the amount so prescribed or determined.

6

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 application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application 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 application for permission to appeal to proceed, despite not being within the time limit. The application 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 making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).