Tribunal Grants Dispensation for Urgent Roof Repairs Due to Water Ingress

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BG/LDC/2020/0089 PAPERREMOTE Properties : [NAME], 193-197 [ADDRESS] [POSTCODE] Applicant : [redacted] : [COUNSEL] MA Respondents : [redacted] attached to the [NAME] of [NAME] : To dispense with the requirement to consult leaseholders pursuant to s20ZA Landlord and Tenant Act 1985 Judge : Judge Tagliavini Date of decision : 13 October 2020

DECISION

IMPORTANT – COVID 19 ARRANGEMENTS This has been a remote hearing on the papers which has been not objected 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 on paper. The documents that I was referred to are in a bundle of 284 pages, the contents of which the tribunal has noted. The order made is described in these reasons. [

2 Decision of the tribunal (I) The tribunal determines that dispensation is granted to the Applicant, pursuant to section 20ZA of the Landlord and Tenant Act 1985 in respect of the works required to the roof, roof terrace, parapet and chimney of [NAME] known as [NAME], 193-197 [ADDRESS] [POSTCODE] in order to eliminate the ingress of water into the flats below.

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The [NAME]

1. This is an [NAME] made pursuant to section 20ZA of the Landlord and Tenant Act 1985 (“the Act”) seeking the tribunal’s dispensation from the consultation procedures that are required under section 20 of the Act, in respect of works to the roof of [NAME], 193-197 [ADDRESS] [POSTCODE] (“[NAME]”).

Background

2. [NAME] comprises 29 self-contained flats all sold on long leases in a converted Victorian building with extensions. The roof now requires repairs to eliminate the water ingress that has been occurring into three of the flats in [NAME].

The applicant’s case

3. In support of the [NAME] the tribunal was provided with a Statement of Case dated 15 August 2020 and the Applicant’s Further Statement dated 21 September 2020 both of which, had been made on behalf of the Applicant by its representative [COUNSEL] MA.

4. The tribunal was informed that consultation procedures had commenced in March 2020 and that the [NAME] had been invited to attend a ‘Zoom’ meeting in May 2020 in which the issue of repairs was discussed. However, the works had been overtaken by the current Covid-19 events and this [NAME] for dispensation was issued to which no [NAME] has objected.

5. The Applicant had obtained two estimates for the works from [APPELLANT] in the sum of £35,916.00 and [COMPANY] in the sum of £40,380.00. The contractor that had been nominated by a [NAME] declined to tender for the works.

The respondent’s case

6. The tribunal did not receive any notification from any of the [NAME] that they opposed this [NAME] and were informed that none had been received by the Applicant.

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The tribunal’s decision and reasons

7. In the absence of any objection to this [NAME] by any [NAME] and the increasingly urgent nature of the works, the tribunal determines that it is reasonable and appropriate to grant dispensation from the consultation requirements of section 20 of the Landlord and Tenant Act 1985.

8. Therefore, the tribunal determines that dispensation is granted to the Applicant, pursuant to section 20ZA of the Landlord and Tenant Act 1985 in respect of the works required to the roof, roof terrace, parapet and chimney of [NAME] known as [NAME], 193-197 [ADDRESS] [POSTCODE] in order to eliminate the ingress of water into the flats below.

Name: Judge Tagliavini

Date: 13 October 2020

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, [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).