14 Priory Terrace London NW6 4DH LON/00AG/LDC/2024/0234

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case No LON/00AG/LDC/2024/0234

Between

14 Priory Terrace RTM Company LimitedApplicant

Anthony Weisz (Flat 3)Respondent

Before

Mrs E Flint FRICS

Date 26 November 2024

Property: 4DH 14 Priory Terrace RTM Company

Type of application: requirements under S.20 Landlord and Tenant Act 1985 Mrs E Flint FRICS

DECISION

This has been a remote hearing on the papers which has been consented to by the Applicant and not objected to by the Respondent. A face to face hearing was not held because it was not practicable, no-one requested the same, and all the issues could be determined on the papers. The documents that I was referred to were in a bundle of 70 pages, the contents of which I have recorded. Decision of the tribunal(1) The Tribunal grants dispensation from all of the consultation requirements under S.20 of the Landlord and Tenant Act 1985 in relation to the installation of a smoke detection system.

(2) The question of reasonableness of the works or cost was not included in this application, the sole purpose of which is to seek dispensation. The Background

[1]The application under section 20ZA of the Landlord and Tenant Act 1985 (“the Act”) was made by the Applicant on 17 July 2024.

[2]The Applicant has applied for dispensation from the statutory consultation requirements under section 20 of the Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003 in respect of the installation of a smoke detection system.

[3]Directions were issued on 9 September 2024 requiring the applicant to prepare bundles to include statements(i) Setting out the full grounds for the application, including all of the documents on which the landlord relies and copies of any replies from the tenants;

(ii) The Leaseholders were asked to confirm whether or not they would give their consent to the application.

(iii) In the event that such agreement was not forthcoming the leaseholders were to state why they opposed the application and provide copies of all documents to be relied upon.

[4]The Applicant confirmed that copies of the application were sent to all the leaseholders on 30 September 2024 and within the communal areas.

[5]No objections were received from the leaseholders.

[6]The Leaseholders were informed in the Directions issued by the Tribunal that the question of reasonableness of the works or cost was not included in this application, the sole purpose of which is to seek dispensation. The Evidence

[7]14 Priory Terrace comprises a period conversion of five flats over four floors.

[8]The applicant is the Right to Manage Company, the respondents are the leaseholders of the individual flats. The freehold is held by Stripecross Limited, the respondents’ landlord.

[9]The building was inspected on 23 October 2023 by D and M Fire Protected Limited. The subsequent report made a number of recommendations, one of which was the installation of a fire detection system. A quotation for the installation was obtained in March 2024 in the sum of £3,040 + VAT.

[10]At the date of the application the work had not been carried out. Decision

[11]The relevant test to be applied in an application for dispensation was set out by the Supreme Court in Daejan Investments Ltd v Benson & Ors

[2013] UKSC 14

where it was held that the purpose of the section 20 consultation procedure was to protect tenants from paying for inappropriate works or paying an inappropriate amount. Dispensation should not result in prejudice to the tenant.

[12]The Tribunal determines from the evidence before it that the works were necessary, were required to be completed urgently given the time lapse since the original report and that no prejudice to the lessees has been demonstrated or asserted.

[13]On the evidence before it, and in these circumstances, the Tribunal considers that the application for dispensation be granted. Name: Evelyn Flint Date: 26 November 2024 RIGHTS OF APPEAL

[1]If a party wishes to appeal 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.

[2]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.

[3]The application should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-application-for-permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber

[4]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.

[5]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.