48-50 Harrington Gardens, London, SW7 4LT: LON/00AW/LDC/2019/0111 LON/00AW/LDC/2019/0111
[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 repair and renewal to the gas supply at 48-50 Harrington Gardens, London SW7 4LT “the property”.[2]An application was received by the First–tier Tribunal dated 16 July 2019 seeking dispensation from the consultation requirements. Directions were issued on the 23 July 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]No responses were received by Tribunal from the Respondents since they were advised of the intention to seek dispensation from the statutory consultation procedure by the managing agents. The background[6]The property which is the subject of this application is a purpose built five-storey building with a lower ground floor. The property has 19 self-contained flats all served by a communal gas supply.[7]The route of the gas supply runs from the exterior to the duct work in the common parts through the basement flat number 17. The property has recently undergone a comprehensive refurbishment which included works to floor voids, plumbing and internal walls. Since those works were undertaken tradesmen and residents of the flat have complained about a strong intermittent odour. The odour was described as being in likeness to that of a domestic gas smell.[8]This problem was brought to the attention of the residents in November 2018 when the previous managing agents issued a Letter of Intent to pursue a consultation on necessary repair works to the gas supply.[9]Burlington Estates were appointed as managing agents in December 2018 and brought the matter to the Residents Annual General Meeting on 27 February 2019. It was resolved at that meeting that gas engineers would be instructed to carry out further investigations and that the managing agents should seek dispensation from consultation for any necessary expenditure from First-tier Tribunal.[10]Three quotes were obtained for the works and the lowest tender after adjustments was submitted by B & G Plumbing. The total cost of the tendered works is £92,450.40 inclusive of VAT. It is suspected any cost of providing alternative accommodation to residents affected by the proposed works is not included within that sum and will be a separate cost to the service charge account.[11]No subsequent Notice of Intention to carry out the proposed gas supply repair works was sent to leaseholders and it is not the intention of the Applicants to carry out any further consultation about this matter.[12]The Applicants contend that the gas supply repair works are needed urgently to ensure the health and safety of residents, particularly of those residents who occupy flat 17 at basement/lower ground level 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 Applicants 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 out works to the property is chargeable under provision 4 in the lease which refers to Schedule 5 which requires the Landlord to maintain the “Retained Premises”. The Retained premises are defined at Schedule 2 and include “sanitary, gas, electrical, heating or ventilation apparatus.”[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 gas supply repair 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.[17]There is a demonstrated need to carry out the works urgently to minimise the risk of significant further damage to the property and reduce the likelihood of harm to the residents, particularly those who occupy flat 17. 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 gas supply safety works.[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 20 August 2019