First-tier Tribunal Grants Urgent Repairs Dispensation Without Conditions

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AJ/LDC/2021/0040

: P: PAPER REMOTE Property : [APPELLANT], 1089 [ADDRESS], [POSTCODE] Applicant : [redacted] Limited Representative : [RESPONDENT] Respondent: [redacted]

The leaseholders at [ADDRESS] of application : Dispensation with Consultation Requirements under section 20ZA Landlord and Tenant Act 1985 Tribunal member :

Judge Robert Latham Stephen Mason FRICS

Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 27 May 2021

DECISION

The Tribunal grants this application to dispense with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985 without condition in respect of the proposed works to the damaged sump pump and the installation of CCTV.

2

Covid-19 pandemic: description of hearing This has been a remote hearing which has not been objected to by the parties. The form of remote hearing was P:PAPER REMOTE. The Directions provided for the application to be determined on the papers unless any party requested a hearing. No party has requested a hearing. The applicant has filed a bundle in in support of the application. The Application 1. The Tribunal has received an application, dated 3 February 2021, from [ADDRESS] ([APPELLANT] (“the applicant”), seeking dispensation from the consultation requirements of section 20 of the Landlord and Tenant Act 1985 (“the Act”) in respect of the purpose-built block of flats at [ADDRESS], [POSTCODE]. The block consists of 64 residential flats with a mix of commercial units. The applicant is the management company responsible for the block.

2. The application relates to proposed repairs to the damaged sump pump in the carpark. The applicant also proposes to install CCTV. It is apparent that some residents have been pouring oil down the drains which has been causing damage to the sump pump. As a result of this damage, water in the car park fails to drain away causing flooding. This poses a health and safety risk. The applicant proposes to install CCTV in the carpark to prevent this unauthorised work and in the bin store area to prevent fly tipping. The applicant states that it has served the Stage 1 Notice of Intention to execute these works. The applicant has not provided an estimate of the cost of the works. Neither has it provided details of the steps that it proposes to take to ensure best value.

3. On 18 March 2021, the Tribunal issued Directions. The Tribunal stated that it would determine the application on the papers, unless any party requested an oral hearing. No party has done so, 4. By 31 March 2021, the applicant was directed to send to each of the leaseholders by email, hand delivery or first-class post, copies of the application form (excluding any list of respondents’ names and addresses) and a copy of the directions.

5. By 19 April 2021, any leaseholder who opposed the application was directed to complete a Reply Form which was attached to the Directions and email it both to the Tribunal and to the applicant. The leaseholder was further directed to send the applicant a statement in response to the application. No leaseholder has returned a completed Reply Form.

3 6. On 7 May, the applicant has emailed the tribunal a bundle of documents in support of their application. The applicant states that the material was sent to the leaseholders on 30 March. No leaseholder has objected to the application. The bundle includes copies of two leases: (i) The lease relating to Plot 29, dated 12 November 2003, between [COMPANY] ([APPELLANT] (the landlord), the applicant (the management company) and the leaseholder; (ii) The lease relating to seventeen Plots, dated 24 January 2003, between [COMPANY] ([APPELLANT] (the landlord), the applicant (the management company) and [COMPANY].

7. Section 20ZA (1) of the Act provides: “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 dispense with the requirements.”

8. 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 application does not concern the issue of whether any service charge costs will be reasonable or payable.

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

10. The Directions made provision for the service of the Tribunal’s decision. The Tribunal will send, by email, a copy of its decision to the applicant. The Tribunal directs the applicant to send a copy to the leaseholders.

Judge Robert Latham 27 May 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.

4 If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made by e-mail 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).