Tribunal Grants Dispensation for Urgent Repair Works to External Walls

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL [NAME] CHAMBER ([NAME]) Case Reference : CAM/00KF/LDC/2023/0054 [NAME] :

[ADDRESS] [ADDRESS] on Sea Essex [POSTCODE]

Applicant : [redacted] :

[COUNSEL], Head of [NAME] Management, [NAME]

Respondents : [redacted] [NAME] of [NAME] :

Dispensation with consultation requirements - Section 20ZA of the Landlord and Tenant Act 1985 Tribunal members : Judge David Wyatt Date of decision : 18 January 2024

DECISION

The tribunal’s decision The tribunal determines under section 20ZA of the Landlord and Tenant Act 1985 (the “1985 Act”) to dispense with all the consultation requirements in relation to the works to fix the existing external wall panels to the buildings (including scaffolding and removal, cleaning and re-fitting of the panels with screws, screw caps and mastic sealant).

2 Reasons for the tribunal’s decision 1. The Applicant applied for dispensation with the statutory consultation requirements in relation to qualifying works to fix the existing external wall panels to the buildings.

2. Any relevant contributions of the Respondents through the service charge towards the cost of these works would be limited to £250 unless the statutory consultation requirements, prescribed by section 20 of the 1985 Act and the Service Charges (Consultation etc) (England) Regulations 2003 (the “Regulations”) were complied with or are dispensed with by the tribunal.

3. The Applicant seeks a determination from the tribunal, under section 20ZA of the 1985 Act, to dispense with the consultation requirements. The tribunal has jurisdiction to grant such dispensation if satisfied that it is reasonable to do so.

4. In this [NAME], the only issue for the tribunal is whether it is satisfied that it is reasonable to dispense with the consultation requirements. This [NAME] does not concern any issue of whether any service charges for the costs of the works will be reasonable or payable. Background 5. In their [NAME] form, the Applicant said the [NAME] has two blocks, which are three storeys tall. A number of external wall panels had fallen because the original adhesive used to affix the panels was failing. The Applicant said (in effect) that the proposed works could not await consultation because a falling panel could cause injury or other damage.

6. On 1 December 2023, the tribunal gave case management directions. These required the Applicant to (amongst other things) write to the landlord ([APPELLANT]) and each of the Respondent leaseholders by 8 December 2023 with copies of the [NAME] form, an estimate of the cost of the works (if possible), any other evidence relied upon and the directions. The Applicant confirms it did so on 5 December 2023.

7. The directions required any person (whether the landlord or the Respondents) who opposed the [NAME] to respond by 22 December 2023, providing a reply form for them to use. The directions provided that, unless any party requested a hearing or the tribunal decided a hearing was necessary, the tribunal would decide the matter based on the papers produced by the parties, without a hearing.

3 8. The Applicant produced documents for the determination. These included a quotation of £36,460 plus VAT for the proposed works to the external panels plus a quotation of £17,200 excluding VAT for scaffolding for 12 weeks (with additional charges if hired for longer). The sample lease provided is from 1995.

9. I understand that neither the landlord nor any of the Respondents responded to oppose the [NAME], or request a hearing, or at all. In the circumstances, I treat the [NAME] as unopposed and, under rule 31(3) of the Tribunal Procedure (First-tier Tribunal) ([NAME] Chamber) Rules 2013, the parties are taken to have consented to this matter being determined without a hearing. This determination is based on the documents produced by the Applicant. On reviewing these documents, I considered that a hearing was not necessary. The tribunal’s decision 10. This [NAME] was not opposed by the Respondents, who have not challenged the information provided by the Applicant, identified any prejudice they might suffer because of the non-compliance with the consultation requirements, given any other reasons why dispensation should not be granted or in these proceedings asked for or provided any other information. In the circumstances, based on the information provided by the Applicant (as summarised above), I am satisfied that it is reasonable to dispense with the statutory consultation requirements in relation to the relevant works.

11. As noted above, this decision does not determine whether the cost of these works is reasonable or payable as service charges under the leases, only whether the consultation requirements should be dispensed with in respect of them.

12. The tribunal determines under section 20ZA of the 1985 Act to dispense with all the consultation requirements in relation to the works to fix the existing external wall panels to the buildings (including scaffolding, and removal, cleaning and re-fitting of the panels with screws, screw caps and mastic sealant).

13. There was no [NAME] to the tribunal for an order under section 20C of the 1985 Act.

14. The Applicant shall send a copy of this decision to the Respondents. Name: Judge David Wyatt Date: 18 January 2024

4

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME] 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 [NAME] which has been dealing with the case. The [NAME] for permission to appeal must arrive at [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 [NAME] 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).