Landlord Granted Urgent Repairs Dispensation Without Conditions

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : LON/00BD/LDC/2019/0074 Property : [NAME], [ADDRESS], [POSTCODE] Applicant : [redacted] Respondents :

[redacted] : Dispensation with Consultation Requirements under section 20ZA Landlord and Tenant Act 1985. Tribunal Members :

Judge Robert Latham Richard Shaw FRICS

Date and venue of Hearing : 26 June 2019 at 10 [ADDRESS] [POSTCODE] Date of Decision : 26 June 2019

DECISION

The Tribunal grants this [NAME] to dispense unconditionally with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985.

2 Reasons 1. By an [NAME] made on 7 May 2019, the Applicant seeks dispensation with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985 (“the Act”) in respect of the works described below. The Applicant stated that it was content for the [NAME] to be dealt with on the papers. No Respondent has requested an oral hearing.

2. The [NAME] consists of 12 blocks constructed in the 1930s. The Estate includes [NAME], a block with 16 two-bedroom flats. The lift serving Nos. 1-8 [NAME] has broken down and requires urgent repairs. On 7 May 2019, the Applicant served a Notice of Intention on the lessees. On 6 June, it served a Notice of Estimates. Two estimates have been obtained from [COMPANY] (£54,641.80) and [COMPANY] (£52,767.60). The lessees were invited to comment on these estimates.

3. On 15 May, the Tribunal gave Directions. The Tribunal allocated the case for a paper determination. The tenants were directed to complete a form attached to the Directions which was to be returned to the Tribunal by 7 June. They were asked to specify whether they supported or opposed the [NAME]. Any tenant who opposed the [NAME] or wanted the Tribunal to attach conditions to the dispensation was required to attach a Statement of Case setting out their reasons.

4. The Applicant was directed to send to each lessee: (i) a copy of the [NAME]; (ii) an estimate of the cost of the proposed works; and (iii) the Directions. The Applicant was further directed to display these documents in any communal area. On 30 May, the Applicant notified the Tribunal that it had complied with this Direction.

5. Twelve tenants have returned the form stating that they support the [NAME] for dispensation. The Applicant has received verbal responses from 9 further lessees stating that they also support the [NAME]. No tenant has opposed the [NAME].

6. The Applicant has supplied a report from [NAME] who attended the site on 1 May. The operative concluded that the lift selector was worn out and could not be repaired. He switched off the lift. The Applicant has also provided a report from [APPELLANT], a Lift Consultant, dated 12 June. His recommendation is to replace both the controller and the machine to improve the reliability of the lift.

7. Section 20ZA (1) of the Act provides: “Where an [NAME] is made to the appropriate tribunal for a determination to dispense with all or any of the consultation

3 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.”

8. The only issue which this Tribunal has been required to determine is whether or not it is reasonable to dispense with the statutory consultation requirements. This [NAME] does not concern the issue of whether any service charge costs will be reasonable or payable.

9. The Tribunal is satisfied that it is reasonable to grant dispensation from the subsequent stages of the consultation requirements. This is justified by the urgent need for the works. There is no suggestion that any prejudice has arisen. In the circumstances, it is appropriate to grant dispensation without any conditions. Judge Robert Latham, 26 June 2019

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).