Landlord Granted Permission for Urgent Roof Repairs Without Consultation

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AN/LDC/2022/0210 HMCTS code (paper, video, audio)

P: PAPERREMOTE Property : 91 [ADDRESS] [POSTCODE] Applicant : [redacted] : N/A Respondents : [redacted] [NAME] : N/A Type of [NAME] : Section 20ZA Landlord and Tenant Act 1985 – dispensation from consultation Tribunal member(s) : Judge [NAME] : 10 [ADDRESS] [POSTCODE] Date of decision : 31 January 2023

DECISION

2 The tribunal’s summary decision (1) The tribunal determines it is reasonable and appropriate to grant the applicant, dispensation from consultation pursuant to section 20ZA of the Landlord and Tenant Act 1985 in respect of works to the top floor flat roof to remedy water ingress, carried out by [NAME] in September 2022 in the sum of £5022.00 (inc. VAT).

The [NAME]

1. This is an [NAME] made pursuant to section 20ZA of the Landlord and Tenant Act 1985 seeking dispensation from the consultation provisions in respect of works to the top floor flat roof covering the property at 91 [ADDRESS] [POSTCODE] (‘the Property’). The Property comprises three self-contained flats in a converted Victorian proport on the ground first and second floors.

2. In the [NAME] the applicant asserted that water ingress to the top floor flat had been reported. An investigation was carried out and a report prepared by [NAME]. The identified works were subsequently carried out and invoiced on 20/09/2022 in the sum of £5022.00 (including VAT).

3. In accordance with the tribunal’s directions dated 21 November 2022, the applicant confirmed that all [NAME] had been notified of the [NAME] and provided with an opportunity to make any objections to it. No responses were received by any of the [NAME] or any representative either consenting or objecting to the [NAME]. The tribunal’s decision 4. In the absence of any objection to the [NAME] or any evidence of prejudice caused to the [NAME] if the [NAME] was granted, the tribunal determines that, having regard to the urgent nature of the works it is reasonable to dispense with the consultation requirements of s.20 of the Landlord and Tenant Act 1985 in respect of the flat roof works to the Property.

Name: Judge Tagliavini

Date: 31 January 2023

3

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. 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).