64 East Dulwich Grove, London SE22 8PS LON/00BE/LDC/2019/0197

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case No LON/00BE/LDC/2019/0197

Between

Southern Land Securities Ltd.Applicant

(1) Mr. S E Tubb & Miss C Philpotts (2) Ms Campbell (3) Mr. Andriska & Ms GreisenRespondent

Before

Judge Tagliavini

Together Property Management Ltd. for the Applicant

N/A for the Respondent

Date 13 December 2019

Property: SE22 8PS

DECISION

Decisions of the tribunal I The tribunal grants the application to dispense with the section consultation provisions of the Landlord and Tenant Act 1985 in respect of urgent roof repairs to remedy a leak. _________________________________________________ The application

[2]This is an application made under section 20ZA of the Landlord and Tenant Act 1985 (“the Act). The applicant seeks the tribunal’s dispensation from the consultation provisions required by section 20 of the 1985 in respect of works said to be urgently required to the roof of the subject premises. Background

[3]The applicant is the freeholder of the subject premises pursuant to a lease of the First Floor Flat (with loft extension) dated 7 October 2014 made between Muhammad Parvez & Azra Parveen Parvez and the James Adam Fletcher and Stephanie Theresa Dziedzic. The premises

[4]The premises comprise three flats on the ground floor and rear garden flat, a ground floor flat and a flat on the first and second floor of a converted detached house. The Applicant’s evidence

[5]The applicant provided and relied upon a Statement of Case (undated) in support of this application. The applicant stated that it had been made aware of a leak form the roof into the first/second floor flat. The contractors Darren Hall roofing was immediately commissioned to investigate the leak. An inspection was carried out on 28 October 2019 and a quotation for the cost of the works (including scaffolding) was provided the same day in the sum of £1290.

[6]An application dated 5 November 2019 was made to the tribunal and directions were made on 11 November 2019, the tenants having been notified of the applicant’s intention to carry out the works of repair to the leaking roof and the intention to make this application to the tribunal in a letter dated 1 November 2019. The Respondent’s evidence

[6]No objection was made to this application either to the applicant or to the tribunal and no representations were received from the tenants. The tribunal’s decisions and reasons

[7]In the absence of any objections and the identification of any prejudice caused to the respondents, the tribunal accepts the urgent nature of these works. Therefore, in the circumstances, it considers it reasonable and appropriate to dispense with the requirements of section 20 of the 1985 Act in respect of the proposed works of repair to the leaking roof at the subject premises. Signed: Judge Tagliavini Dated: 13 December 2019