Moriconium Quay, Lake Avenue, Poole, Dorset BH15 4QP CHI/00HP/LDC/2019/0028
DECISION
[29]The Tribunal’s decision solely relates to whether dispensation from consultation is justified. It does not determine the amount, if any, of service charge payable. Whilst the Freeholders of House 7 raise the question of the Tribunal’s jurisdiction I am satisfied that it is likely that a proportion of the cost of these works will eventually be levied on leaseholders and as such I am accepting jurisdiction for the Tribunal.[30]This application relates to emergency works to stabilise the wall by insertion of piles. Some have been fixed and the applicant reports that movement is continuing albeit at a reduced rate. This is confirmed by Baypoint’s brief report of 1 April 2019.[31]I am satisfied that the insertion of these piles should be completed as a matter of urgency and that it is not appropriate to delay matters by requiring full consultation to be carried out.[32]I am also satisfied that given the specialist nature of the works involved and the need to avoid the distance travelled by heavy plant that it is reasonable not to have to tender the works the subject of this application.[33]I do not consider that the lessees will suffer the type of prejudice referred to in the Daejan case referred to above.[34]In granting dispensation from the consultation requirements of section 20 landlord and Tenant Act 1985 I emphasise that this is in respect of the emergency works only and that any further reinstatement works should be subject to full consultation.[35]In accordance with the above the Tribunal grants dispensation from the consultation requirements of S.20 of the Landlord and Tenant Act 1985 for emergency remedial works to stabilise the retaining wall.[36]In granting dispensation, the Tribunal makes no determination as to whether any service charge costs are reasonable or payable. D Banfield FRICS 20 May 2019[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 the First-tier Tribunal at the Regional office, which has been dealing with the case. 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.