Hans Court, 2 Hans Road, London, SW3 1RY LON/00AW/LDC/2024/0092
DECISION
The Tribunal grants this application to dispense retrospectively with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985 without condition in respect of urgent works to repair the roof to prevent water penetration. The Application[1]By an application, dated 26 March 2024, the Applicant applies for retrospective dispensation from the statutory duty to consult in respect of urgent works to repair the roof to prevent water penetration.[2]The Property is a purpose built bock of eight residential flats. There are several commercial tenants at ground floor/basement levels. The application relates to the roof above the Rigby & Peller Shop. Water has been leaking into the shop premises, putting valuable merchandise at risk. In September 2023, the Applicant obtained a Defect Analysis Report from Workman which recommended further investigations to ascertain the cause of the leaks. On 7 March 2024, the Applicant serve a Notice of Intention in respect of the roof repairs and associated works that were proposed. The Applicant considered that the further steps of serving a Notice of Estimates would cause unacceptable delays in executing the urgent works that were required. The Applicant has obtained an estimate for the works in the some £8k + VAT. The works are to be funded from reserves. It would seem that the works have now been executed. The Tribunal has not been informed of the final cost of these works.[3]On 3 June 2024, the Tribunal issued Directions. The Directions stated that the Tribunal would determine the application on the papers, unless any party requested an oral hearing. No party has done so.[4]By 17 June 2024, the Applicant was directed to send to the leaseholders by email, hand delivery or first-class post:(i) copies of the application form (excluding any list of respondents’ names and addresses) unless already sent by the applicant to the leaseholder/sublessee;(ii) if not already provided in the application, a brief statement to explain the reasons for the application; and(iii) the directions. The Applicant was further directed to display a copy of these in a prominent place in the common parts of the property. On 14 June, the Applicant confirmed that it had comp0lied with this Direction.[5]By 1 July 2024, any leaseholder who opposed the application was directed to complete a Reply Form which was attached to the Directions and send it both to the Tribunal and to the Applicant. The leaseholder was further directed to send the Applicant a statement in response to the application. No leaseholder has returned a completed Reply Form opposing the application.[6]The Applicant has provided a Bundle of Documents (125 pages) in support of the application. It has also provided a copy of the lease for the Ground Floor Shop and Basement. It has not provided a copy of the leases for the residential flats.[7]Section 20ZA (1) of the Act provides: “Where an application is made to the appropriate tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works or qualifying long term agreement, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements.”[8]The only issue which this Tribunal has been required to determine is whether or not it is reasonable to dispense with the statutory consultation requirements. This application does not concern the issue of whether any service charge costs will be reasonable or payable.[9]The Tribunal is satisfied that it is reasonable to grant retrospective dispensation from the statutory consultation requirements. This is justified by the urgent need for the works. There is no suggestion that any prejudice has arisen. In the circumstances, it is appropriate to grant dispensation without any conditions.[10]The Directions make provision for the service of the Tribunal’s decision. The Tribunal will email a copy of its decision to the Applicant. The Applicant is responsible for serving a copy of the Tribunal’s decision on the Respondents. Judge Robert Latham 26 July 2024 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 by e-mail 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).