Together Property ManagementApplicantAll leaseholders of dwellings at theRespondent
Before
Mary Hardman FRICS IRRV(Hons)Together Property Management Karen Young for the ApplicantDate 31 August 2023Property: Cippenham, Berkshire SL1 5HSType of application: For dispensation from consultation requirements - Section 20ZA of the Landlord and Tenant Act 1985
DECISION
Description of hearing This has been a remote determination on the papers which the parties are taken to have consented to, as explained below. A hearing was not held because it was not necessary, and all issues could be determined on paper. The documents that I was referred to are in a 52 page electronic bundle from the Applicant. I have noted the contents and my decision is below. 2 The tribunal’s decision The tribunal determines under section 20ZA of the Landlord and Tenant Act 1985 to dispense with the consultation requirements in respect of qualifying works to repair the roof. Reasons for the tribunal’s decision The application[1]The applicant freeholder seeks retrospective dispensation with the statutory consultation requirements in respect of qualifying works to repair the roof.[2]In their application dated 20 July 2023, they state that on 23 December 2023 they received a report from Flat 16 of a water leak into the flat from the main roof. A contractor attended and advised that repairs were needed. They erected a scaffolding tower to investigate further and undertook the works required to repair the roof. The total cost was £4332 including VAT[3]The work was said to be urgent to prevent further damage and to make best use of the scaffolding.[4]Leaseholders were informed of the works and the application to the tribunal for dispensation.[5]The relevant contributions of leaseholders through the service charge towards the costs under these agreements would be limited to a fixed sum unless the statutory consultation requirements, prescribed by section 20 of the Landlord and Tenant Act 1985 (the “1985 Act”) and the Service Charges (Consultation etc) (England) Regulations 2003:(i) were complied with; or(ii) are dispensed with by the tribunal.[6]In this application, the Applicant seeks a determination from the tribunal, under section 20ZA of the 1985 Act, to dispense with the consultation requirements. The tribunal has jurisdiction to grant such dispensation if satisfied that it is reasonable to do so.[7]The only issue here for the tribunal is whether it is satisfied that it is reasonable to dispense with the consultation requirements[8]This application does not concern the issue of whether any service charge costs under the relevant agreements will be reasonable or payable or by whom they are payable. 3 The Property and parties[9]The applicant says the property consists of a 2-storey block of sixteen purpose-built flats.[10]The application is made by Together Property Management on behalf of the landlord, Southern Land Securities Limited. The application was made against the leaseholders of the relevant properties (the “Respondents”) Procedural history[11]The Applicant says that dispensation is sought, as explained below.[12]Initial case management directions were given on 1 August 2023. The directions included a reply form for any leaseholder who objected to the application to return to the tribunal and the Applicant, also indicating whether they wished to have an oral hearing. Any such objecting leaseholder was required to respond by 28 August 2023.[13]The directions further provided that this matter would be determined on or after 11 September 2023 based on the documents, without a hearing, unless any party requested an oral hearing[14]On reviewing these documents, the Tribunal considered that an inspection of the Property was neither necessary nor proportionate to the issues to be determined and that a hearing was not necessary.[15]No request for a hearing was made by the parties. The Applicant’s case[16]They state that on 23 December 2023 they received a report from Flat 16 of a water leak into the flat from the main roof. A contractor attended and on 29 December 2023 advised that whilst they had limited access that there was pointing missing from the roof valley and that there were some slipped tiles.[17]They erected a scaffolding tower to investigate further and undertook the works required to repair the roof. This involved lifting the roof tiles either side of the valley flashing and resetting; installing new mortar; supplying and installing replacement roof tiles to match broken and damaged tiles.[18]The total cost was £4332 including VAT. This exceeded the threshold by some £332[19]The work was said to be urgent to prevent further damage and to make best use of the scaffolding. 4[20]The Applicant wrote to the leaseholders on 20 July 2023 explaining the work that had been required, the costs and the application for dispensation. They further wrote to leaseholders on 1 August 2023 as directed by the Tribunal, enclosing a copy of the application form and accompanying documents and the Tribunal directions. The Respondents’ position[21]As mentioned above, the directions provided for any Respondent who wished to oppose the application for dispensation to complete the reply form attached to the directions and send it to the tribunal and the Applicant.[22]The tribunal has not received any response or statement of case opposing the application, or comments on the Applicant’s statements in the application form. In the circumstances, the tribunal concluded that the application was unopposed Determination[23]Following the Supreme Court decision of Daejan Investments Ltd. v Benson [2013] UKSC 14, the only issue for the Tribunal is whether the Respondents have suffered prejudice in dispensing with the consultation requirements. This application for dispensation from the requirements was not opposed by the Respondents, who have not challenged the information provided by the Applicant in the application form, identified any prejudice which they might suffer because of the non-compliance with the consultation requirements, nor asked to be provided with any other information.[24]The tribunal is satisfied that it is reasonable to dispense with the consultation requirements in relation to the repairs to the roof.[25]It therefore determines under section 20ZA of the 1985 Act to dispense with all relevant consultation requirements in relation to these works.[26]This is not an application for the tribunal to approve the reasonableness of the contracts or the reasonableness, apportionment or payability of any service charge demand.[27]I make no finding in that regard and the leaseholders will continue to be able to make an application under section 27A of the Act in respect of the reasonableness of the agreements and/or the reasonableness, apportionment or payability of the service charge demand for them.[28]There was no application to the tribunal for an order under section 20C of the 1985 Act. 5[29]The Applicant shall be responsible for serving a copy of this decision on all leaseholders. Mary Hardman FRICS IRRV(Hons) 11 September 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 application for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application 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 application for permission to appeal to proceed, despite not being within the time limit. The application 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 making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).