Landlord Granted Urgent Lift Repairs Dispensation in First-tier Tribunal Case

OUTCOME: Allowed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00BJ/LDC/2020/0209 Property : 58 [ADDRESS] [POSTCODE] (“The Building”) Applicant : [redacted] Landlord”) Representative : N/A Respondents : [redacted] (“the tenants”) Representative : N/A Type of Application :

For dispensation from the consultation requirements under section 20ZA Landlord & Tenant Act 1985 Tribunal Member :

Judge Jim Shepherd

Date of Decision : 17th December 2020

DECISION

The Applicant is given dispensation from the consultation requirements contained in s.20 Landlord and Tenant Act 1985 in order to carry out urgent lift repairs as specified in their application.

The application 1. The applicant seeks an order pursuant to s.20ZA of the Landlord and Tenant Act 1985 (as amended) (“the 1985 Act”) for dispensation from all or part of the consultation requirements imposed on them by section 20 of the 1985 Act1.

2. The applicant is the freeholder of premises at 58 [ADDRESS] [POSTCODE] (“The Building”). The building is a mixed use Grade II listed building, consisting of a 1920's converted cinema (now leased to a church with a sublet to a small gym) and 61 purpose built apartments (mix of 1 bedroom and 2 bedroom apartments, completed in 2010). The freehold was acquired through a compulsory acquisition order by [APPELLANT] in 2018.

3. The applicant seeks dispensation for urgent works to one of the lifts in the building. The building has two lifts providing access to the second to sixth floors. The left hand lift requires various urgent repair works including re-roping, new main drive sheave, new cast type diverters. It is said that if these works are not carried out promptly, further damage will result to numerous parts to the lift resulting in a cost three times the amount of the repairs. It is also said that due to the ongoing Covid-19 restrictions, it is imperative that both lifts are operational, especially to maintain social distancing.

4. The applicant has sent the [NAME] a quote for the proposed work and given notice of their application. No [NAME] have objected to the works.

5. The landlord seeks dispensation from the statutory consultation requirements on the basis of urgency.

6. The tribunal did not consider that an inspection of the Building was necessary, nor would it have been proportionate to the issues in dispute.

7. The only issue for the tribunal is whether or not it is reasonable to dispense with the statutory consultation requirements of section 20 of the 1985 Act. This application does not concern the issue of whether any service charge costs will be reasonable or payable. The Tribunal’s decision 8.The Tribunal determines that an order from dispensation under section 20ZA of the 1985 Act shall be made dispensing with all of the consultation requirements in relation to the proposed lift works.

1 See Service Charges (Consultation Requirements) (England) Regulations 2003 (SI2003/1987) Schedule 4, Part 2.

Reasons for the Tribunal’s decision 9. The tribunal has the jurisdiction to grant dispensation under section 20ZA of the 1985 Act “if satisfied that it is reasonable to dispense with the requirements”.

10. In making its decision the tribunal had regard to the fact that the applicant has apparently sought to carry out some consultation and kept the tenants informed of their intentions.

11. It is not considered that the lessees have suffered any particular prejudice as a result of the failure to follow the correct consultation procedure (see [COMPANY] v Benson [2013] UKSC 14.) The Tribunal accepts that the landlord’s intentions to carry out the works as soon as possible are genuine in order to preserve the integrity of the lift and maintain social distancing.

12. Again the parties should note that this decision does not concern the issue of whether any service charge costs will be reasonable or payable. The tenants have the right to challenge such costs by way of a separate application if they so wish.

Name: [NAME]: 17th December 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 application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application.

If the application is not made within the 28 day time limit, such application 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 application for permission to appeal to proceed, despite not being within the time limit. The application 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 making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).