Landlord Granted Permission for Urgent Roof Repairs Without Consultation

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference : LON/00BE/LDC/2019/0197 Property : 64 [ADDRESS] [POSTCODE] Applicant: [redacted] :

[APPELLANT]. Respondents :

[redacted] (2) Ms [COUNSEL] (3) Mr. [COUNSEL] & Ms [COUNSEL] : N/A Types of Application : Dispensation – section 20ZA Tribunal Members : Judge Tagliavini

Date and venue of (paper) hearing

: 13 [ADDRESS] [POSTCODE]

Date of Decision

: 13 December 2019

DECISION

2

Decisions of the tribunal

I The tribunal grants the application to dispense with the section consultation provisions of the Landlord and Tenant Act 1985 in respect of urgent roof repairs to remedy a leak. _________________________________________________

The application

2. This is an application made under section 20ZA of the Landlord and Tenant Act 1985 (“the Act). The applicant seeks the tribunal’s dispensation from the consultation provisions required by section 20 of the 1985 in respect of works said to be urgently required to the roof of the subject premises.

Background

3. The applicant is the freeholder of the subject premises pursuant to a lease of the First Floor Flat (with loft extension) dated 7 October 2014 made between [NAME] & [NAME] and the [NAME] and [NAME] [NAME].

The premises

4. The premises comprise three flats on the ground floor and rear garden flat, a ground floor flat and a flat on the first and second floor of a converted detached house.

The Applicant’s evidence

5. The applicant provided and relied upon a Statement of Case (undated) in support of this application. The applicant stated that it had been made aware of a leak form the roof into the first/second floor flat. The contractors [NAME] [NAME] was immediately commissioned to investigate the leak. An inspection was carried out on 28 October 2019 and a quotation for the cost of the works (including scaffolding) was provided the same day in the sum of £1290.

6. An application dated 5 November 2019 was made to the tribunal and directions were made on 11 November 2019, the tenants having been notified of the applicant’s intention to carry out the works of repair to the leaking roof and the intention to make this application to the tribunal in a letter dated 1 November 2019.

The Respondent’s evidence

6. No objection was made to this application either to the applicant or to the tribunal and no representations were received from the tenants.

3 The tribunal’s decisions and reasons

7. In the absence of any objections and the identification of any prejudice caused to the respondents, the tribunal accepts the urgent nature of these works. Therefore, in the circumstances, it considers it reasonable and appropriate to dispense with the requirements of section 20 of the 1985 Act in respect of the proposed works of repair to the leaking roof at the subject premises.

Signed: Judge Tagliavini

Dated: 13 December 2019