31 Lennox Gardens, London, SW1X 0DE: LON/00AW/LDC/2019/0097 LON/00AW/LDC/2019/0097
[1]The Applicant seeks a determination pursuant to s.20ZA of the Landlord and Tenant Act 1985 (“the 1985 Act”) to dispense with the statutory consultation requirements associated with undertaking essential maintenance and renewal to the lift at 31 Lennox Gardens London SW1X 0DE “the property”.[2]An application was received by the First–tier Tribunal dated 18th June 2019 seeking dispensation from the consultation requirements. Directions were issued on the 24th June to the Applicant. These Directions required the Applicant to advise all Respondents of the application and provide them with details of the proposed works.[3]The relevant legal provisions are set out in the Appendix to this decision. The hearing[4]This matter was determined by written submissions. The Applicant submitted a bundle of relevant materials to the Tribunal.[5]Two responses are received from the Respondents. These both support the application for dispensation. The background[6]The property which is the subject of this application is a five-storey building including basement with 9 self-contained flats. The flats are formed from the conversion of a former mansion block.[7]The lift serves all floors. The operation of the lift failed in June 2019. The residents of the flats subsequently relied upon the communal stairway to access their flats whilst the managing agent Marler & Marler liaised with the lift maintenance company, Bell Lifts Ltd of Bromley, Kent over the repair and renewal of the apparatus.[8]An initial cost estimate of £2,9o6.40 inclusive of vat was provided by Bell Lifts but during the repair works further defects were identified. On the advice of the maintenance company these additional works were carried out to ensure efficient operation of the lift and improved longevity of the operating system.[9]A single quote was obtained for the Lift Works by the Applicants. The total cost of the works was £4,112.80 inclusive of vat. The Tribunal understand the Lift Works are now completed.[10]No Notice of Intention to carry out the proposed Lift Works was sent to leaseholders.[11]It is not the intention of the Applicants to carry out any further consultation about this matter.[12]The Applicant contends that the Lift Works were needed urgently to ensure the health and safety of residents, particularly of those elderly and vulnerable residents who occupy flats on the upper floors of the building.[13]Prior to my determination I had available a bundle of papers which included the application, the directions and a copy of written representations prepared by the Applicant that provided information on the background to the lift works.[14]A copy of a specimen lease for each flat is supplied. The cost of carrying works to the Common Parts is chargeable under the Expenditure of Service Charge provision at 4.2 in the lease. At 4.2.2 (d) service charge expenditure includes, “To maintain and where necessary renew or replace any existing lift and ancillary equipment relating thereto”[15]The only issue for me to consider is whether or not it is reasonable to dispense with the statutory consultation requirements in respect of the Works. This application does not concern the issue of whether any service charge costs are reasonable or payable. The determination[16]I have considered the papers lodged. There is no objection raised by the Respondents, either together or singularly. Two Respondents offered their support to the application to dispense with the consultation procedures.[17]There is a demonstrated need to carry out the lift works urgently to prevent harm and inconvenience to residents at the property. I cannot identify any prejudice caused to the Respondents by the grant of dispensation from the statutory consultation procedure.[18]It is for these reasons that I am satisfied it is appropriate to dispense with the consultation requirements for the lift works. It is noted no competitive quotes were submitted with the Application.[19]My decision does not affect the right of the Respondents to challenge the costs or the standard of work should they so wish.[20]In accordance with paragraph 10 of the Directions, it is the Applicant’s responsibility to serve a copy of the Tribunal’s decision on all Respondent leaseholders listed on the Application. Valuer Chairman Ian B Holdsworth 24th July 2019