Tribunal Grants Dispensation for Urgent Structural Works

OUTCOME: Allowed

© CROWN COPYRIGHT 2013

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER

(RESIDENTIAL PROPERTY)

Case Reference

HMCTS Code :

CAM/ooKF/LDC/2021/0045

P: PAPER REMOTE

Property : [NAME], 40 [ADDRESS] [POSTCODE]

Applicant: [redacted]

Respondents : [redacted]

Type of [NAME] :

For dispensation of the

consultation requirements

under section 20ZA

Tribunal Member

Date of decision

JudgeWayte

20 December 2021

DECISION

Covid-19 pandemic: description of hearing

This has been a remote hearing on the papers which has been not objected to

by the parties. A face-to-face hearing was not held because all issues could be

determined in a remote hearing on paper and no hearing was requested. The

documents that I was referred to are in a bundle consisting of the [NAME],

directions, sample lease and letter to the [NAME] in accordance with the

directions, the contents of which I have noted. The order made is described

below.

The Tribunal determines that an order for dispensation under

section 20ZA of the 1985 Act shall be made dispensing with all of

the consultation requirements in relation to the works to the rear

wall described below.

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The [NAME]

1. The applicant seeks an order pursuant to s.20ZA of the Landlord and

Tenant Act 1985 (as amended) (“the 1985 Act”) for the dispensation of

any or all of the consultation requirements in respect of urgent works to

the rear wall which has been found to be structurally weak.

2. The respondents are the [NAME] of the flats and members of the

[APPELLANT] company.

3. The issue in this case is only whether the consultation requirements of

section 20 of the 1985 Act should be dispensed with. If there is any

objection to the cost of the works that may be the subject of a separate

[NAME] under section 27A of the Landlord and Tenant Act 1985. In

particular, the issue was discovered following development of a

neighbouring property. The tribunal does not know whether the

development has affected the stability of the wall but that is not an

issue for this [NAME].

The background

4. The [NAME] is dated 27 October 2021. Directions were given on 12

November 2021. Those directions required the applicant to serve the

[NAME] and a copy of the directions on each respondent which the

applicant confirmed was sent out on 16 November 2021. The directions

contained a reply form for them to return to the tribunal if they

objected to the [NAME]. Nothing has been received by the tribunal

and the applicant has also confirmed that no objections were received

in respect of the [NAME].

5. The directions provided that this matter would be considered by way of

a paper determination unless a hearing was requested. A hearing was

not requested and on a review of the hearing bundle the tribunal was

satisfied that the matter could be determined fairly and justly in

accordance with the overriding objective without one.

6. The tribunal did not consider that an inspection was necessary, nor

would it have been proportionate to the issues in dispute.

7. The only issue before the tribunal is whether it should grant

dispensation from all or any of the consultation requirements contained

in section 20 of the 1985 Act.

The Applicant’s case

8. The [NAME] stated that following developmentto a neighbouring

property, the boundary wall belonging to [NAME] was found to be

3

very unstable and liable to collapse, potentially causing serious injury

or death. An engineer advised that the cheapest solution was to install

ground anchors to secure the structure. It appears that the developers

of the neighbouring property threatened to seek damages against the

[APPELLANT] company if the issue was not resolved quickly.

9. The letter dated 16 November 2021 stated that the cost of the works

would be £11,688.54. There were sufficient funds in the Reserve to

cover the costs.

The Respondents’ position

10. The directions provided for the respondents to complete the reply form

attached to the directions and send it to the tribunal and the applicant

if they wished to object to the [NAME].

11. As stated above, no objections have been made. In the circumstances

the tribunal concludes that the [NAME] is unopposed.

The Tribunal’s decision

14. The Tribunal determines that an order for dispensation under section

20ZA of the 1985 Act shall be made dispensing with all of the

consultation requirements in relation to the works outlined above.

Reasons for the Tribunal’s decision

15. The tribunal has the jurisdiction to grant dispensation under section

20ZA of the 1985 Act “if satisfied that it is reasonable to dispense with

the requirements”.

16. The [NAME] was not opposed by the [NAME]. Given the urgency

and potential claim against the [APPELLANT] company (and risk of

injury) it is clearly sensible to proceed with the works without further

delay.

[NAME] under s.20C Landlord and Tenant Act 1985

17. There was no [NAME] for any order under section 20C before the

tribunal.

Name: Judge Wayte Date: 20 December 2021

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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).