Tribunal Grants Dispensation for Urgent Lift Works

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BJ/LDC/22024/0098 Property : Prospect Quay, 98 Point Pleasant, London [POSTCODE] Applicant : [redacted] : [APPELLANT] Respondent: [redacted]

The leaseholders as per the [NAME] : N/A Type of [NAME] : Section 20ZA of the Landlord and Tenant Act 1985 – dispensation with consultation Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 17 September 2024

DECISION

2 The tribunal’s decision 1. The tribunal determines it is appropriate to grant the dispensation from

the statutory consultation, sought by the applicant in respect of lift works

to partially modernise the lift 3-16. These works will include replacing

the control systems, hydraulics and electrical elements, _____________________________________________________ The [NAME] 2. This is an [NAME] by the applicant landlord of the premises situate

at Prospect Quay, 98 Point Pleasant, London [POSTCODE] (‘the

property’) seeking statutory dispensation from statutory consultation

in respect of lift works to partially modernise the lift 3-16, which at the

time of the [NAME] was said to be out of order. The works will

include replacing the control systems, hydraulics and electrical

elements, in order to deliver reliable lift service. The estimated cost of

the works was not known but were said to almost certainly exceed the

cost, that will require statutory consultation to be carried out pursuant

to section 20 of the Landlord and Tenant Act 1985. 3. The [NAME] was said to be urgent because there are [NAME] in

the building with very severe and ongoing mobility issues. The

tribunal notes that a [COMPANY] was instructed to go ahead

with the works in March 2024. 4. The subject property is a purpose built block of flats and a few

commercial units split over 6 blocks. Each block has a separate

entrance. In addition there is an underground car park. 5. The applicant confirmed to the tribunal that the [NAME] for

dispensation and the tribunal’s directions were issued to the

leaseholders and displayed within the communal areas at the said

property. The applicant also informed the tribunal that:

We can confirm that no responses have been received from any

of the leaseholders, in respect of the 20ZA as per the Landlord &

Tenant Act 1985 for lift modernisation works. The hearing 6. Neither party requested an oral hearing and the tribunal determined the

[NAME] upon the documents provided by the applicant. The

tribunal was provided with a digital bundle of 66 pages by the applicant

on which it relied.

3 The tribunal’s reasons 7. The tribunal had regard to the evidence relied upon by the applicant and

the absence of any objection received from any of the lessees, identifying

any prejudice that might be caused were dispensation from consultation

to be granted. Further, as this [NAME] is in respect only of

dispensation from consultation and does not deal with the respondents’

liability to pay the costs of the works for which dispensation is sought,

the tribunal considers it is, in all the circumstances, appropriate to grant

the dispensation sought by the applicant pursuant to s.20ZA of the

Landlord and Tenant Act 1985; [APPELLANT] v [NAME] [2011] EWCA Civ 38.

Name: Judge Tagliavini

Date: 17 September 2024

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 ([NAME]), 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] should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-[NAME]-for- permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber 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.

4 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 ([NAME]).