Judge Adrian JackDexters Block Management for the ApplicantDate 24 September 2025Property: 72 Kings Avenue, London SW4 8BH
DECISION
[1]The Applicant on 28th May 2025 applied for dispensation from the statutory consultation requirements in respect of repair to one of two sump pumps serving the property. The estimated cost of the works is up to £1,404 including VAT.[2]The application is said to be urgent because should the remaining pump fail, it would cause soiled water to back up causing serious damage[3]The only issue for the tribunal is whether it is reasonable to dispense with the statutory consultation requirements under section 20 of the Landlord and Tenant Act 1985. Accordingly the Tribunal makes no determination as to whether any service charge costs will be reasonable or payable, or the possible application or effect of the Building Safety Act 2022.[4]The Tribunal gave directions on 24th June 2025 which provided for tenants to state their case in opposition to the application. No tenant has in the event objected to the making of an order dispensing with consultation.[5]In my judgment this is a quintessential case for the grant of dispensation. The work to the sump pump is urgent. Delaying repairs so as to allow time for carrying out a statutory consultation would be prejudicial to the tenants. DETERMINATION The Tribunal pursuant to section 20ZA of the Landlord and Tenant Act 1985 dispenses with the requirement to carry out a consultation under section 20 of the said Act in respect of the works the subject of this application. Name: Judge Adrian Jack Date: 24th September 2025 Schedule of Respondents James Nicolas Colario Flat 1 Mr Patrick Edmund Orr Flat 2 Mark Crotti Flat 3 Ms Zoe Berville Flat 4 Irene Bausas Flat 5 Ms Lauren Godfrey Flat 6 Mr James Dowen Flat 7