343 Upper Richmond Road West, London SW147PR (“The Building”) LON/00BD/LDC/2020/0240
FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00BD/LDC/2020/0240
Between
Fairtrade Propoerty Limited (“the Landlord”)ApplicantAll leaseholders of the premises (“the tenants”)Respondent
Before
Judge Jim ShepherdBaron Management for the ApplicantN/A For dispensation from the consultation for the RespondentDate 20 April 2021Property: London SW147PR (“The Building”) Fairtrade Propoerty Limited (“theType of application: requirements under section 20ZA Landlord & Tenant Act 1985 Judge Jim Shepherd
DECISION
The Applicant is given dispensation from the consultation requirements contained in s.20 Landlord and Tenant Act 1985 in order to carry out drainage works as specified in the application . The application[1]The applicant seeks an order pursuant to s.20ZA of the Landlord and Tenant Act 1985 (as amended) (“the 1985 Act”) for dispensation from all or part of the consultation requirements imposed on them by section 20 of the 1985 Act1.[2]The applicant is the freeholder of premises at 343Upper Richmond Road Wst, SW148QN (“The Building”). The building consists of commercial units on the ground floor and 2 floors above converted into 3 flats.[3]The applicant seeks dispensation for urgent works to the drains at the rear of the building. A specialist drainage company have called to unblock the drains and clear the sewerage on several occasions. A camera survey took place and identified a build up of lime scale and a broken section of sewer pipe. Works were required to rectify these defects. Leaseholders were made aware of the works necessary but there was not sufficient time to carry out a consultation. No leaseholders made representations to the Tribunal.[4]The tribunal did not consider that an inspection of the Building was necessary, nor would it have been proportionate to the issues in dispute.[5]The only issue for the tribunal is whether or not it is reasonable to dispense with the statutory consultation requirements of section 20 of the 1985 Act. This application does not concern the issue of whether any service charge costs will be reasonable or payable. The Tribunal’s decision[5].The Tribunal determines that an order from dispensation under section 20ZA of the 1985 Act shall be made dispensing with all of the consultation requirements in relation to the said drain works. Reasons for the Tribunal’s decision[6]The tribunal has the jurisdiction to grant dispensation under section 20ZA of the 1985 Act “if satisfied that it is reasonable to dispense with the requirements”.[7]In making its decision the tribunal had regard to the fact that the applicant has apparently sought to carry out these essential works urgently which appears the sensible thing to do. 1 See Service Charges (Consultation Requirements) (England) Regulations 2003 (SI2003/1987) Schedule 4, Part 2.[8]It is not considered that the lessees have suffered any particular prejudice as a result of the failure to follow the correct consultation procedure (see Daejan Investments Ltd v Benson [2013] UKSC 14.) The Tribunal accepts that the landlord’s intentions to carry out the works as soon as possible are genuine in order to preserve the integrity of the building and the drainage.[9]Again the parties should note that this decision does not concern the issue of whether any service charge costs will be reasonable or payable. The tenants have the right to challenge such costs by way of a separate application if they so wish. Name: Jim Shepherd Date: 20th April 2021 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).