Landlord Granted Dispensation for Urgent Boiler Repairs Without Consultation

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BK/LDC/2023/0283 Property : 69-71 [ADDRESS] [POSTCODE] Applicant : [redacted] : Ref: [COUNSEL] Respondent : [redacted] : N/A Type of [NAME] : [NAME] for dispensation from consultation pursuant to section 20ZA of the Landlord and Tenant Act 1985 Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 4 March 2024

DECISION

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The tribunal’s decision 1. The tribunal grants the applicant dispensation from all consultation required by section 20 of the Landlord and Tenant Act 1985, in respect of the replacement of the communal boilers at 69-71 [ADDRESS] [POSTCODE] (‘the property’).

_________________________________________________ The [NAME]

2. The applicant/landlord has applied for dispensation from the statutory consultation requirements in respect of works to be carried out to replace the communal boilers in the building, which have been identified as faulty by a [NAME]. The estimated cost of the works was not provided in the [NAME] but appear to be in the region of £4,500 (plus VAT). The background 3. In a Statement of Case the applicant stated it had instructed [NAME] [APPELLANT] on 13th of October 2023, to turn on the communal boilers at the property as cold weather was approaching. The contractor attended the property and confirmed the boilers need replacing, rather than repair as the cost of repairing would exceed the cost of replacement of the boilers.

4. Due to the urgent nature of the work it was decided to proceed with the replacement of the two communal boilers and the contractor was given permission to go ahead on 27th of October 2023. Since the replacement of the boilers, the applicant states it has not received any communications from the respondent [NAME] on these works and no further reports have been received by any [NAME] about the heating. The hearing 5. Neither party requested an oral hearing and the [NAME] was determined using the documents provided by the parties in the form of a single digital bundle numbering 45 pages. The tribunal’s reasons 6. In reaching its decision, the tribunal satisfied itself that the [NAME] had been notified of the [NAME] and provided with an opportunity to raise any objection. However, neither the applicant nor the tribunal

3 have received any objections to this [NAME] form the respondent [NAME].

7. In the absence of any objections from the [NAME] and having regard to the urgent and necessary nature of the work, for which the applicant seeks dispensation, the tribunal considers it is reasonable and appropriate to grant the dispensation from consultation sought.

Name: Judge Tagliavini

Date: 4 March 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 ([NAME]), 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] should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-[NAME]-for- permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber 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 ([NAME]).