Landlord Granted Urgent Repairs Dispensation to Prevent Flooding

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AJ/LDC/2023/0245 Property : 6 [ADDRESS], [POSTCODE] Applicant : [redacted] : [COUNSEL] [NAME], Estate Manager of [COUNSEL] [NAME] Respondent : [redacted] attached to the [NAME] : N/A Type of [NAME] : Dispensation from consultation – section 20ZA of the Landlord & Tenant Act 1985 Tribunal members : Judge [NAME] : 10 [ADDRESS] [POSTCODE] Date of decision : 21 November 2023

DECISION

2

Decisions of the tribunal 1. The tribunal grants the [NAME] dispensation from the statutory consultation requirements of section 20 of the Landlord and Tenant Act 1985 in respect of the replacement of the pump system at the property situate at 6 [ADDRESS] [POSTCODE] in the estimated sum of £4,373.45. ________________________________________________ The [NAME]

2. The [NAME] has applied for dispensation from the statutory consultation requirements of section 20 of the Landlord and Tenant Act 1985 in respect of the replacement of a failing pump system. The estimated cost of the works is £4,373.45.

3. The applicant stated that [NAME] were previously sent a Notice of Intention dated 5 October 2023. However, the [NAME] for dispensation is said to be urgent because the pump system is currently failing and the immediate replacement is required in order to prevent flooding. The background 4. The subject building at 6 [ADDRESS] [POSTCODE] (‘the Building’) comprises a purpose built block of 7 flats. In the [NAME] the works required were set out as comprising:

PUMPS KSB Ama-Porter 603NE x 2.00 £2,599.04 FLOATS Tear Drop Sewage Float 10mt cable x 4.00 £230.00 TANKER Tanker - Between 08:00-16:00 (Mon-Fri) 2 Hours onsite with standard hose length of 80 meters within65 mile Radius. Exclusive of waste additional hours charged at £75.00 p/h £380.00 TANKER Waste disposal - Per 1000 Gallons £ 68.00 [NAME] to install £367.50 Notes: VAT @ 20.00% £728.91

3 [COMPANY]. VAT £4,373.45 The hearing 5. As neither party requested an oral hearing, the tribunal determined the [NAME] on the documents provided. However, the applicant failed to provide an indexed and paginated bundle of the documents referred to in the [NAME] and provided only a single substantive paragraph in support of its [NAME] which stated: The pressing pump issues required immediate attention, as the aging pumps started failing more frequently despite our gradual attempts to fix them. Urgent repairs were essential to prevent potential flooding in the basement flats, following the [COMPANY]’s assessment. As a result, on October 19th, 2023, we promptly conducted the necessary work to mitigate these critical concerns. We earnestly hope that dispensation can be granted to our actions, undertaken in the best interest of all residents No objections have been raised by the [NAME]. Reasons for the tribunal’s decision 6. The tribunal is satisfied the respondent [NAME] have been notified of this [NAME] as confirmed by the applicant in an email to the tribunal.

7. In reaching its decision the tribunal took into account the limited documentary evidence provided by the applicant, despite the tribunal’s clear directions. At the least the tribunal would have expected to have been provided with copies of the documents referred to in the [NAME] and a proper statement from the applicant in support.

8. Notwithstanding the absence of documentation and in the absence of any objection from any leaseholder identifying any substantive prejudiced caused, if dispensation from consultation is granted, the tribunal finds the works were of a sufficient urgency to require immediate replacement and that it is reasonable and appropriate to grant the dispensation sought; [NAME] v Benson [2013] UKSC 14.

4 Name: Judge Tagliavini Date: 21 November 2023

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 [NAME] which has been dealing with the case. The [NAME] for permission to appeal must arrive at the [NAME] 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).