Lancaster Close, 13-15 St Petersburgh, London, W2 4JZ LON/00BK/LDC/2023/0186
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 replace the communal boiler system. Covid-19 pandemic: description of hearing This has been a remote hearing which has not been objected to by the parties. The form of remote hearing was P:PAPER REMOTE. The Directions provided for the application to be determined on the papers unless any party requested a hearing. No party has requested a hearing. The applicant has filed a bundle in in support of the application. The Application[1]On 20 July 2023, the Applicant for retrospective dispensation from the statutory duty to consult in respect of urgent works to replace the communal boiler system at Lancaster Close, 13-15 St Petersburgh, London, W2 4JZ ("the Property"). The property is managed by JPW Real Estates (“JPW”).[2]Lancaster Court is a block of 74 flats which was constructed in the 1920s/early 1930s. The Property has a communal heating system which has been running at only 50% of the intended capacity. The Property has a complex plumbing system which has an impact on the effective running of the system.[3]On 20 April 2023, JPW served a Stage 1 Notice of Intention on the Respondents informing them of the proposed works and inviting any written observations by 20 May. The proposed works had been discussed at an AGM of the Applicant Company.[4]The Applicant issued this application because only three of the six boilers were working. It considered the works to be urgent and was concerned at the delays that would be caused if they proceeded with the further steps in the statutory consultation procedures. The works were due to begin in September with an estimated timescale of 4-6 weeks to complete the works. They were concerned to complete the works before the winter months.[5]On 28 July 2023, 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.[6]By 16 August 2023, 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.[7]On 1 August 2023, the Applicant confirmed that it had complied with this Direction and had emailed the requisite information to the leaseholders on 1 August.[8]By 4 September 2023, 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.[9]The Applicant has provided a Bundle of Documents (78 pages) in support of the application. This includes a copy of the lease for Flat 65. The Applicant has also provided a copy of the Specification of Works which has been included in the tender issue, dated 31 July 2023. The Tribunal has not been informed of the likely cost of the works.[10]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.”[11]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.[12]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.[13]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 16 October 2023 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).