47 Crystal Palace Park Road, London SE26 6UR LON/00AF/LDC/2024/0638
DECISION
[1]The Applicant was ordered to provide a hearing bundle which should include “copies of any replies from the Respondents/leaseholders and their evidence OR confirmation that there were no responses”[2]This did not appear in the bundle and the Application form and Directions order were incomplete nor was there any statement giving further detail of the reasons for the application or further evidence.[3]The Applicant did email the Tribunal to say that the respondent leaseholders had been served with the application “We can confirm the application form and directions have been issued to leaseholders 11th December 2024. We will confirm closer to the 6th January direction deadline should we receive any responses confirming these have been displayed in the communal parts as requested.”[4]While the Applicant did email the Tribunal on 3 January 2025 this was to re-state the earlier email[5]As the Tribunal has received no replies from the Respondents or any contact from them and the Tribunal has access to the complete documentation the overriding objective would be furthered by determining this matter on the evidence before it. Background to the application[6]The Applicant/landlord has applied for dispensation from the statutory consultation requirements in respect of electrical works at 47 Crystal Palace Park Road, London SE26 6UR[7]47 Crystal Palace Park Road, London SE26 6UR is a residential block comprising 5 leasehold units.[8]Under section 20 of the Landlord and Tenant Act 1985 and the regulations made under it, a landlord contemplating carrying out major works (defined as works costing more than £250 per flat) has to carry out a consultation, on pain of having the recoverability of the cost of the works capped at £250 per flat.[9]The application states: The EICR came back as unsatisfactory and we were advised that the current condition would invalidate the buildings insurance. Our client agreed for the remedial works to be carried out as per the quoted works as follows: - Replace consumer unit - Sales Rewire internal stairwell light - Sales Rewire external lighting above basement doors - Sales Install socket under stairs - Sales Install light in cupboard - Sales Rewire outside stairwell lights £3,108.00[10]The only evidence in support is an invoice from LCR Property Services Limited dated 19 September 2024.[11]The Tribunal gave directions in this matter on 6 December 2024. The leaseholders have not participated in the application, which has therefore continued on an undefended basis.REASONS
[12]Given the lack of a response to the application no prejudice arising from the lack of consultation with the Respondents has been identified.[13]This is an application poorly supported by evidence when documents such as the EICR, the estimate and extract from the insurance policy were clearly available to the Applicants[14]However given the potential risk with faulty electrical installations prompt action is likely to have been required and, notwithstanding the very limited evidence provided, dispensation should be given.[15]This dispensation does not mean that the tenants cannot challenge the cost or quality of the work done. It simply dispenses with the consultation requirement.[16]There is no application in respect of the fees for applying to the Tribunal, so we make no order in respect of such fees. DETERMINATION(a) The Tribunal grants a dispensation pursuant to section 20ZA of the Landlord and Tenant Act 1985 in respect of the works which are the subject of the application.(b) The Tribunal makes no order in respect of the fees payable to the Tribunal. Name: DDJ Samuel Date: 12th March 2025