Ashworth House, Manchester Road, Burnley BB11 1HB Appellant : Grey GR Limited MAN/30UD/LDC/2023/0026
DECISION
[1]16 The Tribunal determined this matter without a hearing on 24th August 2023. The Tribunal is able under Section 20ZA Landlord and Tenant Act 1985 to determine that on an application to dispense with some or all of the consultation requirements under Section 20 it is satisfied that it is reasonable to dispense with those requirements. The Tribunal has done so notwithstanding the observations made at paragraph 10 above, in view of what it regards as the self-evident difficulties arising from the unfortunate timing of the problem at one of the heights of the pandemic.[2]17 On the evidence available to it the Tribunal is able to make the following determinations:(1) An enforcement notice had been served by the Authority that required speedy attention by the Applicant.(2) The speed with which work could be carried out would have a direct cost benefit for leaseholders by allowing earlier withdrawal of the “waking watch”(3) There would be a further earlier benefit from a fire safety perspective in having the proposed systems in place sooner rather than later.(4) There is nothing to suggest any objection from leaseholders.(5) The Applicant has done all that it can to lessen the impact of the problem on leaseholders.(6) It has also engaged in a process of providing information to the leaseholders, notwithstanding no-compliance with Section 2o itself. .(7) There is nothing apparent from the situation as it is now presented to the Tribunal that would indicate any real prejudice to the leaseholders by the Applicant proceeding to authorise the work as soon as possible.[3]18 Even though the Tribunal is indicating that it is appropriate to dispense with compliance with the consultation requirements this does not prejudice the future rights of any leaseholder to challenge the reasonableness of any costs incurred in respect of the relevant works under Section 27A Landlord and Tenant Act 1985 relating to the service charges for the year(s) in question.[4]19 In the circumstances the Tribunal is satisfied that it would be reasonable to dispense with the requirements to comply with Section 20 Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003.[5]20 The Applicant has confirmed to the Tribunal that the new occupier of Flat 55, has been informed of these proceedings and the outcome.