1, 2, & 3 Stonesfield Close, Southrop, Gloucestershire, GL7 3QF CHI/23UC/LDC/2020/0038
DECISION
[16]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.[17]The case of Daejan v Benson referred to above provides guidance to the Tribunal when considering the issues raised by all parties.[18]As indicated in the Tribunal’s Directions and accepted by Ms Wyatt the sole issue before it is whether Lessees have been prejudiced by the lack of consultation. No determination is made as to whether the costs are reasonable or recoverable, that being a matter for an application under S.27A Landlord and Tenant Act 1985.[19]The matters raised by Ms Wyatt may be relevant to an application under S.27A but with regard to this application there has been no suggestion as to how the Applicant should have proceeded given the situation in which they found themselves. Likewise, there has been no evidence that costs have been increased due to the lack of consultation.[20]For these reasons dispensation is granted from the consultation requirements of S.20 Landlord and Tenant Act 1985 in respect of works of repair to the sewage treatment works.[21]In granting dispensation in respect of the Application the Tribunal makes no determination as to whether any service charge costs are reasonable or payable. D Banfield FRICS 26 October 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.