Valencay & Versailles, West Quay, Newhaven, East Sussex BN9 9GF CHI/21UF/LDC/2020/0067
DECISION
[11]S.20 of the Landlord and Tenant Act 1985 requires landlords to consult with lessees in respect of “qualifying works”. In S.20ZA (2) qualifying works are defined as “works on a building”.[12]The works are clearly urgent and should be carried out without delay.[13]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.[14]No prejudice as referred to in the Daejan case referred to above has been identified and as such the Tribunal grants dispensation for the repairs to a non-functioning smoke vent system in the common parts, being part of the emergency fire escape route, and currently in breach of fire safety standards.[15]In granting dispensation, the Tribunal makes no determination as to whether any service charge costs are reasonable or payable.[16]The Applicant is required to send copies of this determination to the Lessees of the flats concerned. D Banfield FRICS 28 September 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.