BellharbourApplicantThe leaseholders listed in the annexRespondent
Before
JudgeProfessor R PercivalVenue Remote paper determinationDate 23 July 2024Property: W2 6QTType of application: requirements under Landlord and Tenant Act 1985 section 20ZA
DECISION
Decisions of the tribunal (1) The Tribunal, pursuant to section 20ZA of the Landlord and Tenant Act 1985 (“the 1985 Act”), grants dispensation from the consultation requirements in respect of the works which are the subject of the application. Procedural[1]The landlord submitted an application for retrospective dispensation from the consultation requirements in section 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”) and the regulations thereunder, dated 26 March 2024.[2]The Tribunal gave directions on 14 May 2024. The directions provided for a form to be distributed to those who pay the service charge to allow them to object to or agree with the application, and, if objecting, to provide such further material as they sought to rely on. The application and directions was required to be sent to the leaseholders and any sublessees, and to be displayed as a notice in the common parts of the property. The deadline for return of the forms, to the Applicant and the Tribunal, was 18 June 2024.[3]The Applicant confirmed that the relevant documentation had been sent to the leaseholders.[4]No response from any of the leaseholders has been received by the Tribunal. The property and the works[5]The property is purpose built block of nine flats.[6]The works are to rectify water ingress into a common hallway, which the applicant states is resulting in mould, resulting in a hazard to those using the building.[7]The Applicant received a quotation a total of £2,150.[8]It appears that the applicant served a notice of intent, but argues that the work is urgent, in the light of the health and safety hazard occasioned by the mould. Determination[9]The relevant statutory provisions are sections 20 and 20ZA of the Landlord and Tenant Act 1983, and the Service Charges (Consultation etc)(England) Regulations 2003. They may be consulted at the following URLs respectively: https://www.legislation.gov.uk/ukpga/ 1985/70 https://www.legislation.gov.uk/uksi/2003/1987/contents/made[10]The Tribunal is concerned solely with an application under section 20ZA of the 1985 Act to dispense with the consultation requirements under section 20 and the regulations.[11]We entertain some doubts as to whether the issues identified by the applicant are, in truth, of such an urgent nature as to make it inappropriate to undertake a section 20 consultation exercise.[12]However, no response has been received from any of the leaseholders objecting to the application. It is therefore clear that none of the leaseholders have sought to claim any prejudice as a result of the consultation requirements not having been satisfied. Where that is the case, the Tribunal must, quite apart from any question of urgency, allow the application: Daejan Investments Ltd v Benson and others [2013] UKSC 14; [2013] 1 WLR 854.[13]This application relates solely to the granting of dispensation. If the leaseholders consider the cost of the works to be excessive or the quality of the workmanship poor, or if costs sought to be recovered through the service charge are otherwise not reasonably incurred, then it is open to them to apply to the Tribunal for a determination of those issues under section 27A of the Landlord and Tenant Act 1985. Rights of appeal[14]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 London regional office.[15]The application for permission to appeal must arrive at the office within 28 days after the Tribunal sends written reasons for the decision to the person making the application.[16]If the application is not made within the 28 day time limit, the 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 these reason(s) and decide whether to allow the application for permission to appeal to proceed despite not being within the time limit.[17]The application for permission to appeal must identify the decision of the Tribunal to which it relates, 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. Name: Judge Prof Richard Percival Date: 23 July 2024 ANNEX: RESPONDENT LEASEHOLDERS Mr and Mrs R Ackrim Flat 1, 99 Westbourne Terrace Dr M Jahngir Flat 2, 99 Westbourne Terrace Mr C Evlogimenos Flat 3, 99 Westbourne Terrace Lady B Beck Flat 4, 99 Westbourne Terrace Lady B Beck Flat 5, 99 Westbourne Terrace Mr P and Mrs P McCarthy Flat 6, 99 Westbourne Terrace Mr R Alcock Flat 7, 99 Westbourne Terrace Mr D Connell Flat 8, 99 Westbourne Terrace Mr I Zuniga and Ms F Robin Flat 9, 99 Westbourne Terrace