Tribunal Grants Urgent Works Dispensation Without Conditions

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AY/LDC/2023/0240 Property : 118 [ADDRESS], [POSTCODE] Applicant : [redacted] : [COUNSEL] (Director) Respondents :

[redacted] [ADDRESS] of [NAME] : Dispensation with Consultation Requirements under section 20ZA Landlord and Tenant Act 1985 Tribunal member :

Judge Robert Latham Stephen Mason FRICS

Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 5 December 2023

DECISION

The Tribunal grants this [NAME] to dispense retrospectively with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985 without condition in respect of urgent works to remedy penetrating dampness to Flat B.

2

The [NAME]

1. On 25 September 2023, the Applicant applied for retrospective dispensation from the statutory duty to consult in respect of urgent works to remedy penetrating dampness affecting Flat B which is on the lower ground floor at 118 [ADDRESS], [POSTCODE] ("[NAME]"). 2. [NAME] is a five storey building which has been converted to create eight flats. The [NAME] relates to works required to remedy dampness which had rendered Flat B uninhabitable. The [COMPANY], [COMPANY], is owned by the lessees. The [NAME] has been brought on behalf of the Applicant by Mr [APPELLANT], a director, who is the lessee of Flat B.

3. A survey had identified urgent works to remedy penetrating dampness that was affecting Flat B. Dampness was affecting the bathroom door and the entire wall of one bedroom. It had compromised the plasterwork and walls in both areas. On 18 September 2023, works commenced with required the removal of the plaster, tanking the wall, and remedying the cause of the dampness. On 20 September 2023, Mr [NAME] notified the lessees of the proposed works. Two estimates had been obtained; a third builder had failed to quote. Mr [NAME] had accepted the lowest in the sum of £3,950.

4. On 8 October 2023, the Tribunal issued Directions. The Directions stated that the Tribunal would determine the [NAME] on the papers, unless any party requested an oral hearing. No party has done so.

5. By 16 October 2023, the Applicant was directed to send to the leaseholders by email, hand delivery or first-class post: (i) copies of the [NAME] form (excluding any list of respondents’ names and addresses) unless already sent by the applicant to the [NAME]/sublessee; (ii) if not already provided in the [NAME], a brief statement to explain the reasons for the [NAME]; and (iii) the directions. The Applicant was further directed to display a copy of these in a prominent place in the common parts of [NAME]. On 17 October, Mr [NAME] emailed the relevant documents to the lessees.

6. By 6 November 2023, any [NAME] who opposed the [NAME] was directed to complete a Reply Form which was attached to the Directions and send it both to the Tribunal and to the Applicant. The [NAME] was further directed to send the Applicant a statement in response to the [NAME]. No [NAME] has returned a completed Reply Form opposing the [NAME].

3 7. The Applicant has provided a Bundle of Documents (51 pages) in support of the [NAME]. It has also provided a copy of the lease for Flat B.

8. Section 20ZA (1) of the Act provides: “Where an [NAME] is made to the appropriate tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works or qualifying long term agreement, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements.”

9. The only issue which this Tribunal has been required to determine is whether or not it is reasonable to dispense with the statutory consultation requirements. This [NAME] does not concern the issue of whether any service charge costs will be reasonable or payable.

10. The Tribunal is satisfied that it is reasonable to grant retrospective dispensation from the statutory consultation requirements. This is justified by the urgent need for the works. There is no suggestion that any prejudice has arisen. In the circumstances, it is appropriate to grant dispensation without any conditions.

11. The Directions make provision for the service of the Tribunal’s decision. The Tribunal will email a copy of its decision to the Applicant. The Applicant is responsible for serving a copy of the Tribunal’s decision on the Respondents. Judge Robert Latham 5 December 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 by e-mail 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].

4 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).