13 Egerton Gardens, London, SW3 2BW: LON/00AW/LDC/2019/0031 LON/00AW/LDC/2019/0031
[1]The Applicant seeks dispensation from the consultation requirements under s20ZA of the Landlord and Tenant Act 1985.[2]The relevant legal provisions are set out in the Appendix to this decision. The hearing[3]A written application was made by Savills, the managing agents of the property. The case was decided on paper and no appearances were made. The tribunal considered the written application form and the agents report. The background[4]The property which is the subject of this application is a block of 6 flats with individual lift access.[5]A specimen lease of flat 5, on the third floor, has been provided. The lease is for a term of one hundred and four and one half years from and including 29 September 1993. The lessee pays 16.5% of the qualifying expenditure. It is assumed the other leases are in similar form.[6]Works are required to the lift where replacement or complete modernisation is required.[7]Savills became managing agents on 28 September 2017, taking over from Knight Frank.[8]Knight Frank gave a notice of the proposed works to the lessees in September 2016 advising that a full lift replacement was to be undertaken although the estimates and costs are not in evidence before the tribunal.[9]International Lift & Escalator Consultants (ILECS) were appointed to deal with the tendering for the works. Four contractors were invited to tender, 3 submitted for replacement of the lift and one for modernisation. In March 2017 a tender analysis was submitted and a contractor selected. A delay followed while the funds for the works were collected.[10]The appointed contractor carried out a survey prior to starting works and advised that a modernisation would be better than replacement due to the complexity of the work. The revised works were then re-tendered and a further report submitted by ILECS dated February 2019.[11]Dispensation is ought from further consultation due to the need to commission the works as the lift has been out of use for some time.[12]The relevant repairs fall under the Landlord’s repairing obligations. The tribunal’s decision[13]The tribunal grants dispensation from the consultation requirements of under s20 ZA of the Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003. Reasons for the tribunal’s decision[14]The works are required to ensure the bring the lift back into use. The leaseholders are aware of the position and have funded the works following a consultation. The tribunal is satisfied that the works are necessary as a matter of urgency in the circumstances and for the convenience of the residents, grants dispensation. Name: A Harris LLM FRICS FCIArb Date: 15 April 2019 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. 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. 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. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber). Appendix of relevant legislation S20 Limitation of service charges: consultation requirements(1) Where this section applies to any qualifying works or qualifying long term agreement, the relevant contributions of tenants are limited in accordance with subsection (6) or (7) (or both) unless the consultation requirements have been either— (a) complied with in relation to the works or agreement, or (b) dispensed with in relation to the works or agreement by (or on appeal from) a leasehold valuation tribunal.(2) In this section "relevant contribution", in relation to a tenant and any works or agreement, is the amount which he may be required under the terms of his lease to contribute (by the payment of service charges) to relevant costs incurred on carrying out the works or under the agreement.(3) This section applies to qualifying works if relevant costs incurred on carrying out the works exceed an appropriate amount.(4) The Secretary of State may by regulations provide that this section applies to a qualifying long term agreement— (a) if relevant costs incurred under the agreement exceed an appropriate amount, or (b) if relevant costs incurred under the agreement during a period prescribed by the regulations exceed an appropriate amount.(5)