39 Perth Road, St Leonards-on-Sea, East Sussex, TN37 7EA CHI/21UD/LDC/2019/0052 and 0057
DECISION
[22]In determining whether to grant dispensation from the consultation requirements I must first of all establish that the works fall within the landlord’s obligations under the respective leases. These are contained in the Fourth Schedule at section 2 an extract of which reads as follows; “To keep in good and substantial repair and condition :- (a) the roofs and outside walls and foundations and structure gutters and rain-pipes chimneys and chimney stacks of the Building and all pipes sewers drains cables and wires in under or upon the Building serving the Flat in common with other parts of the Building”[23]Whilst the roof and chimneys are clearly a landlord’s obligation, pipes only become so if they serve more than one flat. The evidence as to the purpose to which the pipes which were repaired is far from clear. The photographs in the bundle are referred to as “the pipe in question” but there is no explanation as to their function or the disrepair that presumably the photograph must reveal.[24]Some assistance is provided by the contractor’s invoice which refers to “a burst pipe in the attic” and “replacing burst mains water pipe …….behind the wall up to the attic and connecting into the mains water supply”[25]If it is the main water supply leading from the mains up to the attic from whence it is distributed to the three flats then it is the landlord’s responsibility to repair. If on the other hand it serves a single flat then it is not.[26]I do not find the evidence presented sufficiently persuasive to establish that this is a shared supply and therefore whether the cost of its’ repair is recoverable through the service charge. I must therefore decline to grant the dispensation requested.[27]Turning now to the roof; as I have indicated above its’ repair is firmly a landlord’s responsibility. Whilst the purpose of S.20ZA is not to provide an escape for a landlord whose management of contractors may be at fault neither is to mete out punishment.[28]Faced with a lessee complaining of a leaking roof it is understandable that a managing agent wishes to get repairs attended to as quickly as possible. Whilst it may be possible to obtain an estimate from ground level many contractors will require the certainty that a close inspection from scaffolding will bring. Once a contractor has erected scaffolding it is not cost effective to seek alternative quotations as additional scaffolding costs will have to be met.[29]Likewise, where a contractor has carried out work and knows from previous experience of the roof what further work is likely then it does make commercial sense to instruct them without seeking alternative quotations.[30]With regard to the roofing works therefore I am not satisfied that the lessees have demonstrated the type of prejudice referred to in the Daejan case referred to at paragraph 7 above and as such I am able to grant the dispensation required.[31]In accordance with the above the Tribunal grants dispensation from the consultation requirements of S.20 of the Landlord and Tenant Act 1985 for repairs carried out to the roof and described in invoices 483 and 592. (CHI/21UD/LDC/2019/0057)[32]The Tribunal declines to grant dispensation in respect of works to a water pipe as described in Cauldron Heating’s invoice of 28 November 2018. (CHI/21UD/LDC/2019/0052)[33]In granting dispensation, the Tribunal makes no determination as to whether any service charge costs are reasonable or payable. D Banfield FRICS 27 August 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.