Melton Court, Onslow Crescent, London, SW7 3JH: LON/00AW/LDC/2019/0130 LON/00AW/LDC/2019/0130
[1]The applicant seeks a determination pursuant to s.20ZA of the Landlord & Tenant Act 1985.[2]The application which is dated 6 August 2019 relates to initial protection works (erection of scaffold, netting etc), preparation of a survey to identify the problems with the masonry, and rectification works, once identified. The applicant says that the works were urgently required because of the potential harm to users of the pavement below the flats.[3]The applicant also states that, once the full extent of the works has been identified, they will use the lowest quotation supplied by contractors for the remedial works. No final cost has been identified on the application form.[4]On 16 August 2019, the tribunal issued directions, which required amongst other things for any respondent leaseholder who opposed the application to indicate their opposition on a reply-slip and provide a statement setting out the grounds of opposition.[5]The directions also required the applicant to provide a bundle of documents, including any statements from respondents. A bundle has been supplied to the tribunal and it appears from those documents that there has been no opposition to the application.[6]The tribunal has considered the papers provided and determines that it should exercise its discretion and grant dispensation from any further requirements to consult leaseholders in relation to these additional works.[7]The parties should be aware however, that the grant of dispensation does not mean that the tribunal is satisfied the works, when complete will be reasonable or the costs of carrying out those works would be either reasonable or payable by the respondents. The respondents’ rights under S.27A of the Landlord & Tenant Act 1985 to challenge the cost and/or payability of the costs for the works are preserved. Tribunal: Aileen Hamilton-Farey Date: 16 September 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).