First-tier Tribunal Grants Urgent Structural Repairs Without Consultation

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AW/LDC/2023/0156 HMCTS code : P:PAPER REMOTE Property : 75 [ADDRESS], [POSTCODE] Applicant : [redacted] : [NAME] Respondents : [redacted] : Dispensation with Consultation Requirements under section 20ZA Landlord and Tenant Act 1985 Tribunal member :

Judge Robert Latham

Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 25 September 2023

DECISION

The Tribunal grants this [NAME] to dispense retrospectively with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985 without condition in respect of urgent remedial works to a structural beam in the ceiling of the basement flat.

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 [NAME] 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 [NAME]. The [NAME]

1. On 8 June 2023, the Applicant landlord applied for retrospective dispensation from the statutory duty to consult in respect of urgent remedial works to a structural beam in the ceiling of the basement flat. The beam was said to be degrading and in urgent need of repair as it was holding up the 5 stories of the building. It had been inspected by a structural engineer and surveyor and work were to begin as soon as possible. On 5 July 2023, the Tribunal sent a copy of the [NAME] to the ten leaseholders.

2. The [NAME] relates to 75 [ADDRESS], [POSTCODE] ("the Property"). This is a five storey purpose built block of flats constructed in the 1900s. There are ten residential flats with a single internal staircase.

3. On 7 February 2023, the Applicant obtained a detailed report from [APPELLANT] ("[APPELLANT]"), surveyors. The report investigated the cause of dampness to the lower ground floor flat. On 7 May 2023, the Applicant served a Stage 1 Notice of Intention on the leaseholders. The proposed works were described as the "replacement or repair of main structural steel beam at ground floor level inclusive of any associated remedial works identified". In its [NAME] form, the Applicant states that it had instructed the [NAME]'s preferred contactor. [APPELLANT] were to supervise the works. The Applicant decided that undue delay would be caused were it go through the further stages of the statutory consultation Procedures.

4. The Tribunal understands that the works were completed on 13 July 2013. On 25 July 2023, [COMPANY] submitted an invoice for £8,916, (inc VAT). [NAME], structural engineers, have submitted an invoice for £1,500, dated 18 July 2023. DPT have submitted two invoices: £1,310.40, dated 30 April 2023, for preparing their original report, and £2,211.30, dated 31 May 2023, for supervising the works.

5. On 3 July 2023, the Tribunal issued Directions. The Directions stated that the Tribunal would determine the [NAME] on the papers, unless any party requested an oral hearing. No party has done so.

3 6. By 24 July 2023, the Applicant was directed to send to the leaseholders by email, hand delivery or first-class post: (i) copies of the [NAME] form (excluding any list of respondents’ names and addresses) unless already sent by the applicant to the [NAME]/sublessee; (ii) if not already provided in the [NAME], a brief statement to explain the reasons for the [NAME]; and (iii) the directions. The Applicant was further directed to display a copy of these in a prominent place in the common parts of the property.

7. On 5 July 2023, the Applicant confirmed that it had delivered a copy of the [NAME] and the directions to the building and placed copies on the main entrance table within the entrance hall. The Applicant did not send a copy of the [NAME] form to the leaseholders as the tribunal had done this.

8. By 31 August 2023, any [NAME] who opposed the [NAME] was directed to complete a Reply Form which was attached to the Directions and send it both to the Tribunal and to the Applicant. The [NAME] was further directed to send the Applicant a statement in response to the [NAME]. No [NAME] has returned a completed Reply Form opposing the [NAME].

9. The Applicant has provided a Bundle of Documents (230 pages) in support of the [NAME]. It has also provided a copy of the lease for Flat 2.

10. 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.”

11. 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.

12. The Tribunal is satisfied that it is reasonable to grant retrospective 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.

13. The Directions make provision for the service of the Tribunal’s decision. The Tribunal will email a copy of its decision to the Applicant. The

4 Applicant is responsible for serving a copy of the Tribunal’s decision on the Respondents.

Judge Robert Latham 25 September 2023

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 by e-mail 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).