Campden House Court, 42 Gloucester Walk, W8 4HU: LON/00AW/LDC/2019/0191 LON/00AW/LDC/2019/0191
[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 D&G Block Management Ltd, the managing agents of the property. The case was decided on paper and no appearances were made. The tribunal considered the written application form, copy letters to the leaseholders, reports and estimates and a specimen lease. The background[4]The property which is the subject of this application is a purpose-built block of 12 flats constructed in 1898. The building is of traditional construction and has a lift dating from circa 1940. The last major works to the lift were carried out in 1993. The application states that the major upgrades to the lift are required following a number of breakdowns, resulting in the lift being placed out of use due to safety concerns. Asbestos has also been identified which needs to be removed as part of the works.[5]A specimen lease has been provided. A list of leaseholders has been provided with confirmation from the agents that they have been notified of the proposed works. Letters confirming support for the works are in the correspondence and no representations have been received objecting to the application as to the scope of the works or appropriateness of the application.[6]The works fall within the landlords repairing covenants of the lease and the cost is recoverable under the service charge provisions, subject to any challenge under s27 of the Landlord and Tenant Act 1985. The Works[7]The lift was out of use. A consultation was started some time before with a view to upgrading the life but his was overtaken by the breakdown. A number of residents are said to be reliant on the lift due to age or illness so repairs were urgent. Estimates were obtained from Aspect Lift Ltd for £16,712 and the R & R Lift Co for £16338. R & R were instructed to do the works.[9]In addition, asbestos removal was costed at £4664.50.[10]Professional fees come to £1550.00 and £525.00 making a total of £23107.50 plus VAT. The tribunal’s decision[11]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[12]The tribunal is satisfied that the works were required to restore the lift to safe working order. The degree of urgency was such that the works were carried out before a consultation could be completed or dispensation obtained. The tribunal is satisfied that lessees were informed of the need for the work and agreed it was necessary. There is no prejudice to the lessees by giving dispensation. Name: A Harris LLM FRICS FCIArb Date: 3 February 2020 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.