Moriconium Quay, Lake Avenue, Poole, Dorset BH15 4QP CHI/00HP/LDC/2020/0083
DECISION
[23]As indicated in the Tribunal’s Directions and repeated at paragraph 8 above the Tribunal’s decision solely relates to whether, in the circumstances, it is reasonable to grant dispensation from the consultation requirements of Section 20.[24]The guidance given by the Daejan case referred to above provides that it is for the tenant to identify that they have suffered prejudice by not being consulted then it is up to the landlord to rebut it.[25]Nothing in the letters referred to in paragraph 22 above identifies a “credible case for prejudice” as referred to in the Daejan case. The question the Tribunal must consider is whether it is reasonable to require the works that have already been decided upon to go to competitive tender and to give lessees the opportunity of making comments on the proposed works and nominating a contractor from which a tender should be sought.[26]Whilst an alternative proposal to the works to be carried out has been suggested by two lessees I am not convinced that, should a S.20 consultation have been carried out, those views would have altered the proposed scheme in any way. I am also satisfied that using a contractor familiar with the site and situated nearby is a sensible option outweighing any potential benefit in seeking competitive tenders.[27]Accordingly, I am not satisfied that it has been demonstrated that the lessees will suffer the type of prejudice referred to in the Daejan case and as such it is reasonable for dispensation to be given.[28]In accordance with the above the Tribunal grants dispensation from the consultation requirements of S.20 of the Landlord and Tenant Act 1985 to strengthen the Eastern Inner Marina Wall by the installation of 5 additional piles.[29]In granting dispensation, the Tribunal makes no determination as to whether any service charge costs are reasonable or payable.[30]The Applicant is to send a copy of the Tribunal’s determination to each lessee liable to pay service charges. D Banfield FRICS 4 January 2021[1]A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making application by email to rpsouthern@justice.gov.uk and quoting the Case number and address of the property.[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 appeal is seeking.