Flats 1-20, 130-140 North Street, Bedminster, Bristol BS3 1HF CHI/00HB/LDC/2020/0028
DECISION
[11]Dispensation from the consultation requirements of S.20 of the Act may be given where the Tribunal is satisfied that it is reasonable to dispense with the requirements.[12]The only issue for the Tribunal is whether the lack of consultation has prejudiced the lessees in that if it had taken place the landlord may have done something different when arranging for the repairs to be carried out.[13]It is clear that the works to repair a defective roof should be carried out without the delay that Section 20 consultation inevitably involves.[14]No evidence of relevant prejudice as considered in the Daejan case referred to above has been identified.[15]In view of the above the Tribunal grants dispensation from the consultation requirements of S.20 Landlord and Tenant Act 1985 in respect of the roof repairs the subject of this application.[16]In granting dispensation, the Tribunal makes no determination as to whether any service charge costs are reasonable or payable.[17]The Applicant is required to send copies of this determination to the Lessees of the flats concerned. D Banfield FRICS 10 June 2020[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application to RPSouthern@justice.gov.uk. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.[2]If the person wishing to appeal does not comply with the 28-day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.[3]The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal and state the result the party making the appeal is seeking.