Landlord Granted Dispensation from Consulting Leaseholders About Major Works Due to Health Risks

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case reference

:

LON/00BK/LDC/2020/0035 HMCTS Code : P:Paper remote Property : [ADDRESS] [POSTCODE] Applicant : [redacted] : [RESPONDENT] Respondent: [redacted]

The leaseholders at the property named in the [NAME] form

Type of [NAME] :

To dispense with the requirement to consult leaseholders about major works

Tribunal members :

Judge Angus Andrew

Hearing venue : 10 [ADDRESS] [POSTCODE] Date of decision : 3 June 2020

DECISION

2 Covid-19 pandemic: description of hearing This has been a remote hearing on the papers which has been consented to by the applicant and not objected to by the respondents. The form of remote hearing was P: PAPER REMOTE. A face-to-face hearing was not held because it was not practicable and no-one requested the same. The [NAME] and determination 1. On 7 February 2020 the applicant applied to the tribunal for dispensation from the consultation requirements provided by section 20 of the Landlord and Tenant Act 1985 in respect of proposed works to the communal boiler system at an estimated cost of £3,904 plus VAT. The applicant consented to the [NAME] being determined on the papers alone and without an oral hearing.

2. The tribunal gave directions 10 March 2020. The directions provided for a paper determination unless any of the respondents requested an oral hearing by 20 March 2020. It is apparent that no such request was received by the tribunal.

3. As a result of the Covid-19 Pandemic the applicant was required to submit digital papers by email. Prior to allocation of the case the papers were reviewed by a salaried member who considered that the case was suitable for a paper determination.

4. I was given remote access to those papers that included the [NAME] form, the tribunal directions, specimen lease and email correspondence from the [NAME]. In particular an email of 11 May 2020, which confirms “that the courts directions have been followed and we have posted out notices and [NAME] forms to all leaseholders and placed these in the communal areas”. It is on the basis of the digital papers supplied by the [NAME] that I find the facts recorded in the following sections of this decision. Decision 5. For each of the following reasons I dispense with the consultation requirements provided by Section 20 of the Landlord and Tenant Act 1985, in so far as they relate to proposed works to the communal boiler system at an estimated cost of £3,904 plus VAT. Reasons 6. The works were recommended by engineers following a site inspection.

3 7. The boilers are not working to their full capacity resulting in a stored communal water temperature of less than 60 degrees. The reduced temperature does not comply with current regulations and could result in an outbreak of Legionella’s disease that represents a considerable health and safety risk to the occupiers.

8. The applicant is controlled by the respondents or at least a majority of them and they have a common interest in the work being completed without delay.

9. The applicant has given the respondents notice of its intention to carry out the work and no objections were received.

10. The applicant sent a copy of the tribunal’s directions of 10 March 2020 to each respondent and placed a copy in the common parts of the property. The directions requested those respondents who oppose the [NAME] to complete a reply form and send it to the tribunal. No completed reply forms have been received by the tribunal.

11. Under the terms of the respondents’ leases the applicant as lessor is responsible for maintaining “all water heating systems……in good working order”. Name: Judge Angus Andrew Date: 3 June 2020

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 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.

4 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).