Tribunal Grants Dispensation for Urgent Roof Repairs at Palazzo House

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AK/LDC/2020/0198

HMCTS code (paper) : P: PAPERREMOTE Property :

[APPELLANT], 43 [ADDRESS] [POSTCODE]

Applicant: [redacted] :

[COUNSEL], senior property manager of [NAME] Respondent: [redacted] schedule attached to the [NAME] :

N/A

Type of [NAME] :

Section 20ZA – dispensation from consultation

Tribunal members :

Judge [NAME] :

10 [ADDRESS] [POSTCODE] P: Paper Remote Date of decision :

6 January 2021

DECISION

2 Covid-19 pandemic: description of hearing This has been a remote paper hearing which has been consented to by the parties. The form of remote hearing was P: PAPERREMOTE. A face-to-face hearing was not held because it was not practicable and all issues could be determined in a remote hearing. The documents that the tribunal was referred to are in a bundle numbered 1 to 73 pages from the applicant the contents of which the tribunal has noted. The order made is described at the end of these reasons. The tribunal’s summary decision (1) The tribunal grants the dispensation from consultation sought by the applicant under section 20ZA of the Landlord and Tenant Act 1985 in respect of the proposed roof works to the subject premises situate at [APPELLANT], 43 [ADDRESS] [POSTCODE]. _____________________________________________________ The [NAME]

1. This is an [NAME] made under the provisions of section 20ZA of the Landlord and Tenant Act 1985 seeking the tribunal’s dispensation form consultation in respect of prosed works to the front and rear roof terraces for Flat 6 at the subject premises situate at [APPELLANT], 43 [ADDRESS] [POSTCODE] (‘the premises’).

The background 2. The premises comprise a purpose built block of six flats. Due to water ingress through the front and rear roof terraces of Flat 6 into Flat 4 urgent works of repair are now said to be required. The applicants’ case 3. In support of the [NAME] the applicant provided the tribunal with a bundle of documents number 1 to 73. In addition, by an email to the tribunal dated 24 November 2020, Mr [NAME] confirmed that he had complied with the tribunal’s directions dated 10 November 2020 in respect of notifying the [NAME] of this [NAME].

4. The tribunal was also provided with a copy of the preliminary section 20 notice sent to the [NAME] dated 27 October 2020 notifying them of the intention to carry out works to the roof of the premises (external front and rear high level roof terrace works above Flat 4).

5. A specification of the recommended works prepared by [NAME] dated 20 October 2020 was provided to the tribunal together with the estimated cost of the works quoted as £11,000 plus VAT. An estimate from [NAME]. [COMPANY] dated 15 October

3 2020 stated that the cost of the works would be in the region of £12,980.00 plus VAT. The respondent’s case 6. No communications in respect of or objecting to the [NAME] were received from the respondents by the tribunal. The tribunal’s decision and reasons 7. The tribunal is satisfied that the [NAME] have been made aware of this [NAME] and the need for works of repair to the roof of the premises. In the absence of any objection to this [NAME] and the need to carry out roof works as a matter of urgency, the tribunal determines that it is reasonable and appropriate to grant the dispensation from consultation sought by the applicant. Name: Judge Tagliavini Date: 6 January 2021

Rights of appeal from the decision of the tribunal 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).