St George’s Building, Great George Street, Leeds LS1 3DL MAN/00DA/LDC/2020/0026

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No MAN/00DA/LDC/2020/0026
Between
LIONEL DAVID LEVINEApplicantLEASEHOLDERS as attached scheduleRespondent
Before
A M Davies, LLBA Rawlence, MRICSDate 20 April 2021Property: St George’s Building, Great George Street, Leeds LS1 3DLType of application: Section 20ZA, Landlord and Tenant Act 1985 for dispensation of section 20 consultation requirements

DECISION

The consultation requirements of section 20, Landlord and Tenant Act 1985 are dispensed with in relation to the following work and services at the Property provided by the Applicant: 2020 supply and installation of a fire alarm system Waking watch from January 2020 to January 2021 inclusive.

REASONS

[1]St George’s Building is a 13 storey purpose built block in central Leeds, containing 92 flats above ground floor level. It is approximately 36 metres high.[2]The Applicant commissioned an External Façade Report on the Property. Dated 15 August 2019, the report recommended that unsafe panels, laminate cladding and insulation be removed from the façade, that the cladding be replaced with appropriate fire resistant material, that fire barriers be provided, and that the wooden balconies be replaced.[3]On 26 November 2019 West Yorkshire Fire advised the Applicant that a waking watch was to be in place until an effective fire alarm system had been installed and the cladding had been rendered safe.[4]On 16 December 2019 a quotation for fire alarm provision and installation in the sum of £29,565 was provided by Aarhus Fire Protection Ltd. Figures were also provided for annual service and testing visits.[5]A waking watch was in place from early January 2020. Following installation the new fire alarm system was commissioned early in February 2020. The paid waking watch service was then reduced from 3 persons 24 hours per day to 1 person 24 hours per day until it was removed with permission from West Yorkshire Fire and replaced by a volunteer system supplied by the leaseholders. Remedial work to the façade of the building has yet to be carried out.[6]The fire system installation and the provision of a waking watch service were required as a matter of urgency once the Applicant had advice from West Yorkshire Fire. In or about November 2019 Watsons Property Management notified the leaseholders of the intended expense and the requirement for access to their flats. The Tribunal has not been provided with any indication that the leaseholders responded to this correspondence.[7]Section 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”) and regulations made under the section provide that prior to incurring expenditure on work which will add more than £250 to the service charge account of any leaseholder or on services which will add more than £100, a landlord must follow a consultation procedure to enable leaseholders to obtain alternative quotations for the intended work, and to warn them of the expense to be incurred. This procedure typically takes some months.[8]In view of the risk of uncontained fire and potential danger to the residents of the Property the Applicant arranged for the work to be carried out and the waking watch service to be provided prior to any consultation taking place. By an undated and unsigned application accepted by the Tribunal the Applicant sought retrospective leave to dispense with the section 20 procedure. Section 20ZA provides that dispensation may be granted if the Tribunal is satisfied that it is reasonable to do so.[9]The Tribunal is satisfied that in view of the potential danger to the leaseholders, it was reasonable for the Applicant to take safety precautions as advised by West Yorkshire Fire, without following the section 20 consultation procedure. This decision does not relate to the cost or quality of the work and services provided by the Applicant. Tribunal Judge A Davies 20 April 2021 Annex A MAN/00DA/LDC/2020/0026 Mr D Toole & Ms K Ward Ms H Tillotson Mr D Cellis Mr M Euden Mr M Hodgkinson Mr A Roy-Webb Mr R Veverines Mr & Mrs D Hardcastle Ms B Ubhi Ms K Ryzna Mr P J Lovett Mr R K Sinhar Mr Y & Mr A Alsaif Mr & Mrs J Pitter Mr J O'Donnell Ms P G Kelly Mr O Sngh-Sagoo Ms F Clark Mr J Green Mr M Lee Ms C Sha Mr J Sykes Miss I Gottwald-Stera Mr & Mrs I J Hunter Mr J Beresford Ms K Pinchbeck Trusthouse Properties Mr P G Fletcher & Mrs A Kelly Mr M Peace Mr N G & Mrs J Watson Miss Z Abod Mr J Aldrees & Ms S Alyatama Mr C Tudorache Miss R E Clark Mr & Mrs D A Cowley Prof. A Balen Mr M Anderson Ms L Rummens Ms C Christmal & Messrs Loewenthal Dr M Alhusaini Sandra Hutchinson Family Trust Mr D & Mrs V Owen Mr & Mrs S Wynne Mr M A A Abdalla Mr & Mrs Parker Mr V & Mrs S Leiu Mr S Parsons Mr G & Mrs A Brown Mr & Mrs Herzogenrath-Amelung Mr R & Mrs N Gupta Ms S Glen Mr E Chan Mr R Burnett The Malcolm Hutchinson Trust Mr D G Pirkhoffer Mr D & Mrs V Harding Mr D Parmar Mr A Demetriou Mr R & Mrs J McAra Mr & Mrs D J O'Connor Mr P & Mrs I Addison-Child Miss Z Abod Mr S A J Noor Mr D Hanson Mr R & Mrs W Bruce Mr J Stimpson Mr J R Ward Ms K Smith Mr J Yao Mrs J White Mr S Francart Mrs A Lindley Mr A & Mrs K Wyatt Mr T Smith Mr G Punshon Mr T & Mrs A Tubis Ms R Harlow Mrs J Bonelle Mr P Taylor Miss E Grayson Mr B Field Ms J Talbot Mrs C Langfield Mr & Mrs Tang Mr R de Vito Boutin Mr M Patel Ms M Provodova Mr M H Ali Mr J Broughton Miss S Jand Dr J Gakhal Mr T Patankar Mr M Euden