Tribunal Grants Dispensation for Urgent Repairs Due to Water Ingress

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BG/LDC/2022/0199 HMCTS code (paper, video, audio) : P: PAPERREMOTE Property : 40 [ADDRESS] [POSTCODE] Applicant : [redacted] : D&[COUNSEL] [NAME] (Property Manager) Respondents : [redacted] Representative : N/A Type of [NAME] : For the dispensation of consultation pursuant to section 20ZA of the Landlord and Tenant Act 1985 Tribunal members : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 13 February 2023

DECISION

2

Summary decision of the tribunal (1) The tribunal grants the applicant dispensation from the consultation requirements of section 20 of the 1985 Act for the carrying out of the works as set out in the quote of; (i) [COMPANY]. date 17 October 2022 in the sum of £9,732.66 (plus VAT) and the invoice of (ii) [COMPANY] dated 22 October 2022 in the sum of £2,220.00 (including VAT). _________________________________________________ The [NAME]

1. The Applicant seeks a determination pursuant to s.20ZA of the Landlord and Tenant Act 1985 (‘the 1985 Act’ due to urgent works being required to remedy water ingress into the building situate at 40 [ADDRESS] [POSTCODE] (‘the Property’) and include works to the scupper chute/gulley and downpipe.

2. The Property comprises four flats in a mid-terrace conversion on the basement, ground, first and second floors. The hearing 3. The applicants provided two bundles of 26 and 32 pages respectively which included a copy of the relevant lease together with the [NAME] and details of the works required to the Property. None of the respondents provided any objection or response to the [NAME] although the tribunal was satisfied they had been notified of the applicant’s request for dispensation as set out in the applicant’s email of confirmation dated 14 December 2022.

4. Consequently, the tribunal reached its determination by solely relying on the documents provided by the applicant. The tribunal’s decision and reasons 5. The tribunal grants the applicant dispensation from the consultation requirements of section 20 of the 1985 Act for the carrying out of the works as set out in the quote of; (i) [COMPANY]. date 17 October 2022 in the sum of £9,732.66 (plus VAT) and the invoice of (ii) [COMPANY] dated 22 October 2022 in the sum of £2,220.00 (including VAT).

3 6. The tribunal finds that the applicant’s intention to carry out these works was notified to the lessees in writing or around 4 November 2022 as well having this [NAME] dated 14 October 2022 being brough to their attention. In the absence of any objections to this [NAME] from any of the lessees, the urgent nature of the works and the absence of any prejudice likely to be caused to the lessees by the [NAME], the tribunal considers it reasonable to grant the dispensation sought; [COMPANY] v [NAME] & Others [2013] UKSC 14.

7. In conclusion, the tribunal grants the dispensation sought.

Name: Judge Tagliavini Date:

13 February 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 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).