Tribunal Grants Urgent Sewerage Pump Replacement Dispensation

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AY/LDC/2019/0150 Property : 69, [ADDRESS] [POSTCODE] Applicant : [redacted] : [NAME] Respondent : [redacted] Representative :

Type of [NAME] : To dispense with the requirement to consult lessees about major works/ a long-term agreement Tribunal member(s) : Tribunal Judge [NAME] and venue of decision : 10 [ADDRESS] [POSTCODE] Date of decision : 4th December 2019

DECISION

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Decisions of the tribunal The tribunal determines that it will grant dispensation from the consultation requirements under s20 of the Landlord and Tenant Act 1985 (the Act), pursuant to s20ZA for the reasons set out below The [NAME]

1. The applicant seeks a determination pursuant to s20ZA of the Act for dispensation of the consultation requirements under s20 of the Act having made the [NAME] through [NAME] its property managers on 27th August 2019.

2. The [NAME] indicated that dispensation was sought to replace both sewerage pumps at the property which had failed, exposing the basement flats to the danger of flooding with sewerage. Until new pumps can be fitted it appears that a tanker has had to attend the property, on a daily basis, to empty the chamber 3. On 25th September 2019 the agent wrote to [NAME] advising them that this [NAME] would be made with reasons why. A further letter dated 4th October was also sent following additional directions from the tribunal. It seems that the works have already been undertaken. Quotes were obtained from three companies, [NAME] at a price of £4,2750 plus VAT; [NAME] at a price of £5,792.16 plus VAT and two quotes from [NAME], one for £5,557.50 plus VAT and another for £3,731 plus VAT.

4. The actual costs appear from invoices included in a bundle of papers provided by the managing agent to us prior to the consideration of this [NAME]. The costs appear to have been incurred with PHD, firstly for undertaking the work in inclusive sum of £4,957.20 and attendances prior to the replacement works in August in the sums of £1,764, £1,296 and £5,184. These latter invoices appear to relate to attendances to empty the tank, on a daily basis.

5. Directions were issued on 9th September 2019, subsequently amended, and on 27th November 2019 the agent confirmed that the [NAME], copies of the three quotes referred to above and the directions were either hand delivered to each leaseholder and those not living at the property were sent these documents by post.

6. It was ordered that this matter could be considered as a paper determination in the week commencing 27th November 2019 but has been delayed until we have considered the matter on 4th December 2019.

3 Findings 7. We had before us a bundle of papers prepared by HML. This contained a copy of the [NAME], the letters sent to the [NAME] and the quotes we referred to above. In addition, the invoices from PHD were included.

8. We have considered the papers and note that no leaseholder has raised an objection to the [NAME]. We are satisfied that the replacement of the sewerage pumps was an urgent piece of work and that it was appropriate to request dispensation in this case.

9. In the absence of any objection we are not aware of any prejudice that might be occasioned to a leaseholder.

10.

Accordingly, we are in this case prepared to grant dispensation from the consultation requirements under s20 of the Act. We should however, make it clear that the only issue for us to consider was whether it was reasonable to dispense. The decision does not impact on whether the issue of any costs arising are reasonable or payable.

Name: Tribunal Judge Dutton Date: 4th December 2019

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

4 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).