First-tier Tribunal Grants Urgent Repairs Dispensation

OUTCOME: Allowed

1

Case Reference

: LON/00AF/LDC/2020/0014

Property : 54 [ADDRESS] [POSTCODE]

Applicant: [redacted]

Respondents : [redacted]

Type of Application : Under section 20ZA of the Landlord and Tenant Act 1985 ('the Act') for dispensation from the consultation requirements in respect of qualifying works

Date of Application : 3 January 2020

Date of Decision : 11 February 2020

Tribunal : Mrs [NAME]

________________________________________

DECISION ________________________________________

© CROWN COPYRIGHT 2020

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

2 DETERMINATION

The Tribunal grants dispensation from the consultation requirements contained in section 20 of the Act and the associated Regulations in respect of the qualifying works, the subject of the Application.

Reasons for the Tribunal's determination

Introduction

1. On 3 January 2020 [APPELLANT] (‘the Applicant’) applied to the Tribunal ('the Application') for an order under section 20ZA of the Act dispensing with the consultation requirements contained in section 20 of the Act and associated regulations in respect of 54 [ADDRESS] [POSTCODE] (‘[NAME]’). The Respondents are the [NAME] of seven flats at [NAME].

2. Section 20ZA (1) of the Act provides as follows:

'(1) Where an application 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 do so.'

3. The works the subject of the Application, which had been completed at the date of the Application, involved drainage and plumbing works at [NAME] 2 at [NAME]. The Applicant stated that the reason for the urgency was that the [NAME] could not reside at [NAME]. Further details are contained in the paragraphs containing the Applicant's submissions (see below).

4. The Applicant requested a paper track (i.e. on the basis of the written submissions of the parties).

5. Directions were issued by the Tribunal dated 14 January 2020.

6. The Tribunal proceeded to determine the Application without an inspection as photographs had been supplied by the Applicant along with details of a survey of works to be carried out and two tenders.

The relevant lease provisions

7. The Tribunal was provided with a copy of the Lease for [NAME] 3, 54 High Street, Penge. The Lease is dated 22 December 2009 and is made between [NAME] and [NAME] (Landlords) and the respective Tenants. In consideration of a premium and the payments of a ground rent and a [APPELLANT] charge, the Lease grants [NAME] to the Tenants for a period of 125 years from 1 January 2009.

8. It is assumed that the remaining leases are similar in all material respects.

3

9. Paragraph 4 of the Lease states the Landlord’s Covenants:

4.3 to observe and perform the obligations on its part contained in the First Schedule and Second Schedule.

10. The First Schedule of the lease defines the Services:

1. To maintain and keep in good and substantial repair and condition and renew or replace when required the Main Structure the Common Parts and any Pipes used in common by the Tenant and other tenants of the Building and which are not expressly made the responsibility of the Tenant …..

11. The Tenant covenants to pay the service charge which shall mean the amounts properly certified in according with provisions of Second Schedule.

12. The mechanism for the payment of a maintenance charge is also found in the Second Schedule.

The Applicant's submissions

13. The Applicant is responsible for the maintenance of the main structure and any common pipes.

14. On 17 October 2019, the Applicant became aware that the [NAME], during bathroom renovations, had uncovered a ‘hidden’ room with drainage pipes that had caused damage to her bathroom.

15. An immediate initial survey was inconclusive and [NAME] inspected the site on 25 October 2019 and subsequently issued their report dated 29 October 2019.

16. It was confirmed that the ‘hidden’ room was in the demise of [NAME] 2. However, this room housed a number of PVC and cast iron foul waste pipes as well as surface water pipes servicing the upper and adjacent floors/[NAME].

17. Furthermore, the surface water pipes drained into an open gully which connected to the same internal drainage chamber as the foul waste.

18. The report went on to detail works required to the pipework, gulley and manhole cover. Two quotations for these works were obtained of which the [NAME] were duly advised on 8 November 2019 and informed that a retrospective application would be made to the First Tier Tribunal for dispensation from any consultation requirements.

19. The Tribunal notes that the [NAME] was in temporary accommodation as the [NAME] had no bathroom. Damage to the water ingress needed to be made good before the bathroom renovations could be completed. Her building insurance had agreed to pay for alternative accommodation but only for a certain time. Additional alternative accommodation incurred would be a service charge item.

4 20. The report also recommended a complete overhaul and replacement of a [NAME] roof that bounds a neighbouring property/roof. The Tribunal notes that the carrying out of these works is not included in the current application.

21. The Tribunal notes that there have been no representations from any of the Respondents although the Applicant states there were a few queries regarding the work at the time.

The Tribunal's Determination

22. The Tribunal was provided with evidence that the work was urgent to prevent continued water ingress into [NAME] 2. These works needed to be undertaken prior to the bathroom renovations at [NAME] 2 being completed and any delay would have led to further alternative accommodation costs being incurred.

23. It is not the concern of the Tribunal, in any case, as to whether the cost was reasonably incurred. The Respondents retain the right to challenge the cost by making an application under section 27A of the Act at a later date. The question before the Tribunal is whether it is reasonable, in the circumstances of the case to dispense with the consultation requirements. The Tribunal therefore determines that it is just and equitable that dispensation is granted from the consultation requirements contained in section 20 of the Act and the associated regulations requested by the Application.

A [NAME].

RIGHTS OF APPEAL

1. 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.

2. 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.

3. 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.

4. The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, [NAME] and the case number), state the grounds of appeal, and state the result the party making the application is seeking.

5

6 Annexe A

Miss [NAME] Ms [NAME] Ms [NAME] & Mr [NAME] Mrs [NAME] Mr & Mrs [NAME] Mr [NAME] Mr [NAME]