2-8 Hyde Park Gardens, Tyburnia, London, W2 2LT LON/00BK/LDC/2025/0709
DECISION
[1]The applicant landlord by an application dated 11th April 2025 has applied for dispensation from the statutory consultation requirements in respect of remedial works for the fire alarm system to address faults. These include new call points, detector bases and replacement device batteries.[2]The property consists of twenty residential flats let on long leases. There are standard provisions for the recovery of service charges. Notice of intention has not been given to the lessees and no consultation has been carried out. Dispensation is sought because of the fire risk posed by not having a fully functional alarm system.[3]The Tribunal gave directions on 19th June 2025. These allowed the tenants to make submissions and adduce evidence. In the event, however, the respondent tenants have not engaged with the Tribunal. I am thus determining the application solely on the basis of the landlord’s evidence.[4]As the directions noted, the only issue for the tribunal to determine is whether it is reasonable to dispense with the statutory consultation requirements. The application does not concern the issue of whether any service charge costs are or will be reasonable or payable.[5]In my judgment this is a quintessential case for the grant of dispensation. The need for a fully functioning fire alarm system is urgent in order to ensure the safety of tenants. The landlord is acting reasonably in wanting to carry out the works without the delay necessarily entailed by the carrying out of a consultation exercise under section 20 of the Landlord and Tenant Act 1985. Accordingly I grant the application. DECISION Dispensation from the consultation requirements of section 20 of the Landlord and Tenant Act 1985 is granted pursuant to section 20ZA of the said Act in respect of all the proposed fire alarm remedial works which are the subject of this application. Name: Judge Adrian Jack Date: 23rd September 2025 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 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).