Whitecroft Works, 67-69, Furnace Hill Sheffield S3 7AH MAN/00CG/LDC/2018/0041
DECISION
[1]19 The Tribunal considers that in the consideration of the documents it may reasonably come to the following conclusions:(1) The South Yorkshire Fire and Rescue Service has clearly identified a number of serious deficiencies in fore protection provision at Whitecroft Works.(2) This has resulted in an enforcement notice which is currently in place.(3) Notwithstanding any arguments as to how this situation has come about it is necessary that the notice be complied with.(4) The Applicants are faced with the difficult balance between compliance and consultation in respect of major works(5) There is a clear risk (and it needs to be no more than a risk) of prejudice to the Respondents in view of the paucity of information supplied as to what will be required and the likely cost.(6) There is also a clear and present risk to the health and safety of occupants and visitors from fire with the building whilst in its current state.(7) Whilst the reasonableness of the need for the work and its cost may be subject the review as part of future service charges it is not unreasonable that if dispensation is granted there should be some interim steps put in place that would be reasonably likely to place some limit upon any potential prejudice to leaseholders.(8) Although the Tribunal appreciates the lengths to which the Respondents have gone in suggesting conditions that should be attached to any dispensation the Tribunal is not satisfied that those proposed in paragraphs 72, 74 and 78 0f their submission would assist, rather than further delay, the process of compliance. The Tribunal was not entirely sure as to what was intended, but was of the view that, on balance, they would introduce some lengthy consideration of the history of the matter, as recounted by the Respondents.(9) Similarly, the Tribunal considers the condition set out in paragraph 80 is inappropriate and, if necessary, those costs dealt with under the general jurisdiction of the Tribunal in respect of service charges, should an application be considered appropriate by an interested party.[2]20 The Tribunal therefore considers it appropriate to grant a dispensation subject to certain conditions, as set out in the Schedule below, which it believes will strike a balance between the need to deal speedily with the discrete matter of the enforcement notice, whist seeking to limit so far as possible the genuine concerns that the Respondents have.[3]21 In the event that any of the conditions are considered by any party to the proceedings to have been superseded by events since the submissions made by the parties the Tribunal will be open to reconsideration of the order, it being necessary for any application for reconsideration to be in writing with full details being provide and copied to the other parties.[5]The Applicant is granted a dispensation from the requirements of Section 20 Landlord and Tenant Act 1985 in respect of qualifying works required to comply with the enforcement notice served by the South Yorkshire Fire and Rescue Authority in respect of Whitecroft Works SUBJECT TO the following conditions:(1) Within 28 days hereof a report shall be obtained from a suitably qualified person (being a surveyor, or engineer, currently holding a qualification of Chartered Engineer and Membership or Fellowship of the Institution of Fire Engineers, or equivalent) as to what works are considered to be required to comply with the notice.(2) Within 35 days hereof that report shall be copied by the Applicant to the leaseholders who may comment thereon to the Applicant within the next 7 days(3) Within 56 days hereof the Applicant endeavour to seek two estimates from suitably qualified contractors for the work required(4) Within 63 days hereof any estimate received shall be copied by the Applicant to the leaseholders who may comment thereon to the Applicant within the next 7 days.(5) Within 77 days hereof the Applicant will indicate which (if there are more than one) estimate has been accepted and give reasons(6) By the same time the Applicant will give reasons as to what consideration has been given to any comments received from leaseholders.[6]J R RIMMER (CHAIRMAN) 30 April 2019