Flats A-D 70A Fairhazel Gardens South Hampstead London NW6 3SR LON/00AG/LDC/2021/0206

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00AG/LDC/2021/0206
Between
Freehold Managers (Nominees) LimitedApplicantMr BJG Keown Mr R Mulchandani Mr D Lapotko & Ms A Mamedova Mr D Lapotko & Ms A MamedovaRespondentFreehold Managers (Nominees) LimitedLandlord
Before
Mr Charles Norman FRICSMs Fiona Macleod MCIEHBroadlands Estate Management LLP (Ms Catherine Langford) Tenants/ for the ApplicantDate 11 October 2021Property: Hampstead London NW6 3SR Mr Charles Norman FRICS

DECISION

Covid-19 pandemic: description of determination This has been a remote determination. The form of remote determination was P: PAPERREMOTE. A face-to-face hearing was not held because it was not practicable, no-one requested the same, and all matters could be determined on the papers. The documents that the Tribunal were referred to are in a bundle of 50 pages, the contents of which the Tribunal has noted. Decision[1]Dispensation in respect of the remaining consultation requirements is GRANTED unconditionally.

REASONS

Background to the application(1) The landlord/applicant has applied for dispensation from the statutory consultation requirements in respect of external repairs comprising:• Full height tower external scaffolding• Realign gutter to RHS building• Pointing repairs• Fill visible holes around boiler flue pipes to front elevation• Apply clear capillary sealant to brickwork• Remove debris(2) Directions were issued on 17 August 2021.(3) The Tribunal identified the property from Google Street view and notes that it is a substantial mid terrace Victorian townhouse. It notes from the application that this has been divided into four flats.(4) A stage 1 section 20 Notice of Intention was issued.(5) The application was said to be urgent to prevent further water ingress to the subject and an adjoining building. The Applicants’ Case[2]This was as per paragraphs (1) and (5) above. In addition, a quotation from Skyline Property Maintenance for £1350 plus VAT, dated 22 July 2021 was supplied. This covered all the works referred to. The applicants/landlords pointed out that the respondents/ lessees had not responded to the application. The Respondents’ case[3]None of the Respondents responded to the application. The Law[4]Section 20ZA is set out in the appendix to this decision. The Tribunal has discretion to grant dispensation when it considers it reasonable to do so. In addition, the Supreme Court Judgment in Daejan Investments Limited v Benson and Others [2013] UKSC 14 empowers the Tribunal to grant dispensation on terms or subject to conditions. Findings[5]The Tribunal finds that the applicant/landlord have acted reasonably in dealing with urgent disrepair and it notes that that none of the tenants have objected to the application. Therefore, the appropriate outcome under section 20ZA is that dispensation is granted unconditionally in respect of stages 2, 3 and 4 of the consultation requirements (estimates, notices about estimates and notification of reasons) in respect of the works set out in the stage 1 notice.[6]However, this decision has no bearing on the question of the reasonableness of costs to be incurred or their payability. The Tribunal makes no findings in relation to those matters. C Norman FRICS Valuer Chairman 11 October 2021 Note: the applicant/landlord should ensure that sufficient photographs of the subject property to show its nature should be included in any future applications to the Tribunal under section 20ZA. ANNEX - RIGHTS OF APPEAL• The Tribunal is required to set out rights of appeal against its decisions by virtue of the rule 36 (2)(c) of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 and these are set out below.• If a party wishes to appeal against this decision to the Upper Tribunal (Lands Chamber) then a written application for permission must be made to the First-tier Tribunal at the Regional office which has been dealing with the case.• The application for permission to appeal must arrive at the Regional office within 28 days after the Tribunal sends written reasons for the decision to the person making the application.• If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed despite not being within the time limit.• The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal, and state the result the party making the application is seeking. Appendix Section 20ZA Landlord and Tenant Act 1985 (1)Where an application is made to [the appropriate Tribunal] for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works or qualifying long term agreement, the Tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements. (2)In section 20 and this section— “qualifying works” means works on a building or any other premises, and “qualifying long term agreement” means (subject to subsection (3)) an agreement entered into, by or on behalf of the landlord or a superior landlord, for a term of more than twelve months. (3)The Secretary of State may by regulations provide that an agreement is not a qualifying long term agreement— (a)if it is an agreement of a description prescribed by the regulations, or (b)in any circumstances so prescribed. (4)In section 20 and this section “the consultation requirements” means requirements prescribed by regulations made by the Secretary of State. (5)Regulations under subsection (4) may in particular include provision requiring the landlord— (a)to provide details of proposed works or agreements to tenants or the recognised tenants’ association representing them, (b)to obtain estimates for proposed works or agreements, (c)to invite tenants or the recognised tenants’ association to propose the names of persons from whom the landlord should try to obtain other estimates, (d)to have regard to observations made by tenants or the recognised tenants’ association in relation to proposed works or agreements and estimates, and (e)to give reasons in prescribed circumstances for carrying out works or entering into agreements. (6)Regulations under section 20 or this section— (a)may make provision generally or only in relation to specific cases, and (b)may make different provision for different purposes. (7)Regulations under section 20 or this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.