Landlord Granted Permission to Skip Consultation for Urgent Asbestos Work

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00AY/LDC/2021/0085 P:REMOTE Property : [ADDRESS] [POSTCODE] Applicant : [redacted] : [APPELLANT]

Respondents : [redacted] application

Representative : Not represented Type of Application : [POSTCODE] Landlord and Tenant Act 1985 Tribunal Member : Judge F J Silverman MA LLM

Date of paper consideration : 08 June 2021

Date of Decision : 08 June 2021

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DECISION

REASONS

1. By an application made to the Tribunal on 22 March 2021 the Applicant seeks a determination of its application for dispensation from the consultation requirements imposed by s. 20 of the Landlord and Tenant Act 1985.

2. Directions were issued by the Tribunal on 27 April 2021.

3. This matter was determined by a paper consideration P:REMOTE on 08 June 2021 at which the Tribunal considered the Applicant’s application and accompanying documents.

4. The Directions issued by the Tribunal had been sent by the Applicant to all Respondents asking them to respond and to indicate whether or not they opposed the application. No objections were received by the Tribunal.

5. The Applicant applied for dispensation from the statutory consultation requirements before undertaking an investigations and work to ascertain whether the building is safe, asbestos having been discovered on a recent inspection.

The Tribunal determines that it will exercise its discretion to dispense with the consultation requirements imposed by s.20 of the Landlord and Tenant Act 1985 on the grounds that all tenants were notified of the application under s20ZA and the proposed works are required urgently to maintain the safety of the building for its residents. No objections were received to the application.

3 6. No full consultation has been undertaken but the Respondents were sent a Notice of Intention on 22 March 2021 and have all have been notified of the intention to apply to the Tribunal for dispensation from the consultation requirements and as stated above, no objections to the application have been received from the Respondents.

7. The Applicant seeks dispensation from all consultation requirements as it would not be practical or possible to comply properly with the consultation requirements given the urgency of the works.

8. The estimated cost of the works is £21,050 and the application states that they are qualifying works, which are works that, without a dispensation from the Tribunal, would require the Applicant to follow the consultation requirements set out in section 20 Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003.

9. The application is said to be urgent because the presence of asbestos is a health hazard to the residents of the building.

10. The Applicant therefore requests the Tribunal to grant a dispensation from compliance with the full requirements of the section in order to allow the inspection and application for grant to proceed as soon as possible.

11. The Tribunal was not asked to inspect the property and in the context of the issues before it did not consider that an inspection of the property would be either necessary or proportionate.

12. The [NAME] has a repairing obligation in respect of the structure, exterior and common parts of the premises (including mains services).

13. Notices of intention to carry out the proposed works were sent to the [NAME] on 22 March 2021.

14. The Tribunal is being asked to exercise its discretion under s.20ZA of the Act. The wording of s.20ZA is significant. Subs. (1) provides:

“Where an application is made to a [leasehold valuation] tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works or qualifying long term agreement, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements” (emphasis added).

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15. The Tribunal understands that the purposes of the consultation requirements is to ensure that leaseholders are given the fullest possible opportunity to make observations about expenditure of money for which they will in part be liable

16. Having considered the submissions made by the Applicant the Tribunal is satisfied that the inspection to be carried out is necessary and that no undue prejudice will be caused to or suffered by any tenant by the grant of dispensation under s20ZA.

17. This determination does not affect the tenants’ rights to apply to the Tribunal challenging the payability or reasonableness of the service charges.

Judge F J Silverman as Chairman Date 08 June 2021

Note: Appeals

RIGHTS OF APPEAL 1. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application by email to [EMAIL].

2. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.

3. If the person wishing to appeal does not comply with the 28 day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.

4. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.