Landlord Granted Dispensation for Urgent and Necessary Works

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BE/LDC/2024/0217 Property : 26 [ADDRESS] [POSTCODE] Applicant : [redacted] : [NAME] Respondent : [redacted] schedule attached to the [NAME] : N/A Type of [NAME] : Dispensation from consultation – s.20ZA of the Landlord ND Tenant Act 1985 Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 26 November 2024

DECISION

2 The tribunal’s decision 1. In so far as this [NAME] may still be required by the applicant, the tribunal grants the applicant dispensation from consultation pursuant to s.20ZA of the Landlord and Tenant Act 1985, in respect of the replacement and fitting of the front step to the communal front entrance by [COMPANY] at a cost of £825.00. The [NAME]

2. The subject premises comprises an Edwardian house converted into four long leasehold flats on 3 storeys with front and rear communal gardens.

3. The [NAME] has applied for dispensation from the statutory consultation requirements in respect of works for a replacement step leading to the communal entrance door. The [NAME] advised that the works were previously carried out inadequately by other contractors. Those original inadequate works are not being charged to the [NAME]. However, due to increased costs by the new contractors, this [NAME] for dispensation from consultation has been made. However, it appears that since the contractor (GBS) price matched the lowest quote, the works for which dispensation is sought appear to total less than the £250 per lessee limit payable for works where no consultation has been carried out it appears this [NAME] may no longer be required as the £825.00 cost of the works are payable in full by the [NAME] in any event.

The hearing 4. Neither party requested an oral hearing and therefore, the tribunal made its determination from the documents provided which included a hearing bundle of 37 electronic pages. Reasons for the tribunal’s decision 5. The tribunal is satisfied this [NAME] was brought to the attention of the [NAME]. Of these, [NAME] objected to the cost of the completed works and queried why the lowest price had not been accepted by the applicant. On the contractor agreeing to match the lowest quote, this [NAME] was satisfied with this response and no further objections were made or received by the applicant or the tribunal to this [NAME].

6. The tribunal is satisfied that the replacement/repair works to the front entrance step were both urgent and necessary. In the absence of any objection to this [NAME] for dispensation from consultation, or the identification of any substantive prejudice caused to the respondents, the tribunal determines it is appropriate to grant the dispensation sought

3 by the applicant; [APPELLANT] v [NAME] and others [2013] UKSC 14 & [2013] UKSC 54.

Name: Judge Tagliavini Date: 26 November 2024

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 [NAME] which has been dealing with the case. The [NAME] for permission to appeal must arrive at the [NAME] 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).