Tribunal Grants Dispensation for Urgent Roof Repairs

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AY/LDC/2023/0024 HMCTS code (paper, video, audio) : P: PAPERREMOTE Property : 27 [ADDRESS] [POSTCODE] Applicant : [redacted] : [COMPANY] Respondents : [redacted] (2) Ms [NAME] (3) Ms [NAME] (4) [NAME] [NAME] S [NAME] (5) [NAME] [NAME] [NAME] and Miss [NAME] D [NAME] (6) Regis Group (Nationwide) [COMPANY] : N/A Type of [NAME] : For the determination of the liability to pay service charges under section 27A of the Landlord and Tenant Act 1985 Tribunal member : Judge Tagliavini Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 12 April 2023

DECISION

2

Summary decisions of the tribunal (1.) The tribunal grants the applicant dispensation from the

consultation requirements of section 20 of the Landlord and Tenant

Act 1985 (‘the 1095 Act’) in respect of the investigative scaffolding and

remedial work required to remedy the ingress of water through the roof

into the property situate at 27 [ADDRESS] [POSTCODE] (‘the

Property’) as set out in the various invoices of [NAME]

variously dated January 2023 to March 2023. _________________________________________________ The [NAME] 1. The applicant seeks dispensation from the consultation requirements of

section 20 of the 1985 Act, in respect of the erection of scaffolding to

investigate and carry out all necessary repairs required to remedy the

ingress of water into the Property through the roof into Flat 6. 2. The Property comprises a converted, detached house converted into

residential units. A Notice of Intention dated 5 January 2023 was sent

to all [NAME] notifying them of the proposed work. The applicant’s case 3. In support of the [NAME] the tribunal was provided with copies of the invoices provided by [NAME] and accompanying photographs dated variously between January 2023 to March 2023, detailing their investigation and defects found and proposed remedial works. The respondent’s case 4. No response to the [NAME] for dispensations was received from any

of the [NAME]. The tribunal’s decision and reasons 5. In the absence of any objection by, or identification of any prejudice

caused to the [NAME], the tribunal finds it reasonable and

appropriate to grant the dispensation sought by the applicant pursuant

to section 20ZA of the 1985 Act. The tribunal considers the nature of

the works required reasonably require urgent investigation and repair

and therefore dispensation of the consultation requirements; [COMPANY] [COMPANY] v [NAME] and others [2013] UKSC 14.

3 Name: Judge Tagliavini Date: 12 April 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).