19 Lansdowne Road, Bournemouth, Dorset, BH1 1RZ CHI/00HN/LDC/2020/0086
DECISION
[19]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 those requirements. Guidance on how such power may be exercised is provided by the leading case of Daejan v Benson referred to above.[20]The only issue for the Tribunal to determine is whether the evidence before it indicates that the lack of consultation has caused the Respondents financial prejudice. Clearly the lack of a tendering process has denied the Respondents the comfort of knowing that a competitive price for the work has been obtained. Likewise, the Respondents have been denied the opportunity of nominating a contractor. With regard to any increase in costs caused by delays in carrying out the work whilst pursuing an insurance claim, this can be pursued through an application under S.27A and is not relevant to this application.[21]In support of the claim that prejudice has arisen no evidence has been provided as to how the lack of consultation itself has increased the Respondents’ liability for costs. No evidence of alternative estimates has been submitted or an indication of what the Respondents would have done differently if they had been consulted.[22]On the evidence before me therefore I propose to grant the dispensation requested. In doing so I make no determination as to whether the costs are reasonable, whether the costs have been apportioned in accordance with Clause 16 of the sixth schedule to the leases and whether the demands have met the statutory requirements.[23]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 works to repair the roof.[24]In granting dispensation, the Tribunal makes no determination as to whether any service charge costs are reasonable or payable.[25]The Applicant is to send a copy of this decision to each of the Lessees contributing to the service charge. D Banfield FRICS 31 March 2021 RIGHTS OF APPEAL[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application by email to rpsouthern@justice.gov.uk to the First-tier Tribunal at the Regional office which has been dealing with the case.[2]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.[3]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.[4]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 application is seeking.