Landlord Granted Permission for Urgent Roof Repairs Without Tenant Consultation

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AY/LDC/2021/0309 HMCTS code (paper, video, audio) : P: PAPERREMOTE Property : 212 [ADDRESS] [POSTCODE] Applicant : [redacted] : [COUNSEL] Respondents : [redacted] other lessees as per the [NAME] : N/A Type of [NAME] : For the determination of dispensation – section 20ZA Landlord and Tenant Act 1985 Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 2 February 2022

DECISION

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Covid-19 pandemic: description of hearing This has been a remote hearing on the papers which has not been objected to by the parties. The form remote hearing was P:PAPERREMOTE. A face-to- face hearing was not held because it was not practicable, and all issues could be determined on paper. The documents that the tribunal was referred to are in a bundle of 85 pages, the contents of which are noted. The order made is described at the end of these reasons. Decisions of the tribunal (1) The tribunal grants dispensation from the section 20 consultation requirements under section 20 of the Landlord and Tenant Act 1985 to the applicant, for the carrying out of urgent roof works at the subject premises, The [NAME]

1. The Applicant seeks dispensation pursuant to section 20ZA of the Landlord and Tenant Act 1985 (“the 1985 Act”) in respect of urgent roof works required at the subject premises. The hearing 2. The tribunal determined the [NAME] on the bundle of documents provided by the applicant. The background 3. The property which is a building containing four flats over the basement, ground, first and second floor, 4. The applicant is the managing agent of the subject property and urgent works to remedy the ingress of water through the roof have been identified by [NAME] (Hons) FCABE MRICS. Consequently, estimates for works of repair were obtained and said to cost in the region of £4,000 (including professional fees), of which each lessee is required to contribute a 25% share.

5. All four lessees were said to support the [NAME] and single line statements were received from [NAME] ([NAME]), [NAME] ([NAME]), [NAME] ([NAME]) and [NAME] ([NAME]) to this effect. The tribunal’s decision and reasons

3 6. The tribunal determines that it is reasonable and appropriate to grant the [NAME] dispensation form the consultation requirements of section 20. The tribunal is satisfied urgent works of repair to the roof are required and that the [NAME] is not opposed by any of the lessees of the four flats in the subject property. Name: Judge Tagliavini Date: 2 February 2022

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).