64 East Dulwich Grove, East Dulwich, London, SE28 8PD LON/00BE/LDC/2024/0084
DECISION
Background to the applicationa. A. The Applicant-landlord has applied for dispensation from the statutory consultation requirements in respect of urgent works to repair the roof to prevent water ingress into the property.b. B. The Applicant states that the Leaseholders were made aware of the works to be carried out. The application is said to be urgent because of health and safety issue.c. C. The only issue for the tribunal is whether 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.d. D. The tenants have not responded to the application, nor have they indicated any opposition to it. The Tribunal has nonetheless to exercise its own discretion in deciding whether to grant a dispensation or not.REASONS
[1]This is a matter which has urgency. The block contains 4 flats. Judith Parkhouse of the management company explains that they were made aware of a roof leak on 9th February 2024. They obtained a quote from Becks Roofing Contractors for £1,250, which was forwarded to the leaseholders on 16th February 2024. The leaseholders were told that due to the urgency no consultation under section 20 of the Landlord and Tenant Act 1985 would be carried out. No objections were made to instructing Becks or to the carrying out of the works without compliance with section 20. The works were completed by 29th February 2024.[2]Section 20ZA(1) of the Landlord and Tenant Act 1985 provides: “Where an application is made to the appropriate tribunal [in this case, this Tribunal] for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works…, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements.”[3]In our judgment it is reasonable to dispense with the consultation requirements. Consultation would take several months, whereas the water ingress needed to be dealt with without delay. DECISION[1]The Tribunal grants dispensation pursuant to section 20ZA of the Landlord and Tenant Act 1985 in respect of the works, the subject of the application.[2]No order for costs. Name: Adrian Jack Date: 8th July 2024