121 St. George’s Square, London SW1V 3QP LON/00BK/LDC/2024/0188
FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No LON/00BK/LDC/2024/0188
Between
121 St. George’s Square Ltd.ApplicantThe leaseholders as per the applicationRespondent
Before
Judge TagliaviniRingley Law for the ApplicantN/A Section 20ZA of the Landlord and for the RespondentVenue 10 Alfred Place, London WC1E 7LRDate 16 September 2024Property: 3QPType of application: Tenant Act 1985 – dispensation with consultation
DECISION
[1]The tribunal determines it is appropriate to grant the dispensation from the statutory consultation, sought by the applicant in respect of lift repair works including the replacement of emergency lighting and batteries in the lift at a cost of £3,580.14 including VAT. _____________________________________________________ The application[2]This is an application by the applicant landlord of the premises situate at 121, St. George’s Square, London SW1V 3QP (‘the property’) seeking statutory dispensation from statutory consultation in respect of lift repair works including the replacement of emergency lighting and batteries in the lift at a cost of £3,580.14 including VAT. The property comprises a Victorian building consisting of six flats. The works were said to be urgent due to vulnerable people and children residing on the top floors who are reliant on lift access.[3]The required works were carried out and completed on 13 May 2024 by the contractor DAB Lift and Electrical Services Ltd which included replacement of the emergency lighting and batteries. The cost of the works were invoiced to the applicant in the sum of £3,580.14 (including VAT). The hearing[4]Neither party requested an oral hearing and the tribunal determined the application upon the documents provided by the applicant. The tribunal was provided with a digital bundle of 66 pages by the applicant on which it relied. The applicant informed the tribunal the application, directions and a witness statement were ere displayed in a prominent position for the attention of the leaseholders.[5]No objections to the application were received by the applicant or the tribunal any of the leaseholders named in the application. The tribunal’s reasons[6]Having regard to the evidence relied upon by the applicant, the tribunal determines the works required and were subsequently undertaken to the lift, were urgent. As no objections to the application were made or any prejudice identified the respondent leaseholders, were the application to be granted, the tribunal is satisfied the works required were urgent and that it is appropriate to grant the dispensation from consultation sought by the applicant pursuant to s.20ZA of the Landlord and Tenant Act 1985; Daejan Investments Limited v Benson and others [2011] EWCA Civ 38. Name: Judge Tagliavini Date: 16 September 2024 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 should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-application-for-permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber 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).