18 Upper Grove, London, SE25 6JX LON/00AH/LDC/2024/0205
DECISION
[1]The Applicant/landlord has applied for dispensation from the statutory consultation requirements in respect of certain works carried out at 18 Upper Grove, London, SE25 6JX.[2]18 Upper Grove is a residential property comprising a converted block of self-contained flats constructed around 1890. block contained six flats in total and was housed in one building. premises were converted at an unknown date, possibly around 1970. Four flats 1, 4,5, and 6 were accessed via independent entrances at basement and ground levels. The two other flats 2 and 3 were accessed via a communal staircase and entrance door at ground level. The premises have four storeys comprising a basement, ground and two upper floors.[3]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.[4]In this case, stage one consultation was undertaken on 11 November 2022 in respect of the works to remove the bulkhead between flats 2 and 3. A Stage two notice was sent to all leaseholders on the 14 December 2022. A revised Stage 2 was sent on the 13 December 2023.[5]Once the wall had been stripped out, a gas pipe was found. This necessitated additional works including additional advice from a structural engineer advice. This was not possible to foresee until the work had started and the gas pipe was found. The additional costs for the structural engineering advice were necessary as the builders could not continue safely without their guidance, due to dealing with gas pipes and aspects outside their qualifications. The overspend is said to have been £3,285.[6]The Tribunal gave directions in this matter on 27th November 2024. The tenants have not participated in the application, which has therefore continued on an undefended basis.[7]In our judgment this is a quintessential case for the grant of dispensation and we do so. The additional works were not foreseeable. It was important that the works proceeded. A delay to permit the carrying out of a section 20 consultation would have caused prejudice to the tenants and further additional costs.[8]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.[9]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 the subject of the application.(b) The Tribunal makes no order in respect of the fees payable to the Tribunal. Name: Judge Adrian Jack Date: 12th March 2025