Automated Summary
Key Facts
The Tribunal granted dispensation from consultation requirements under Section 20 of the Landlord and Tenant Act 1985 for fire safety works at Telephone House, 70 High Street, Southampton. The works, required by an enforcement notice from Hampshire Fire and Rescue (dated 30 August 2019, deadline 1 December 2019), involved extending the fire detection and alarm system for 20 flats. The Tribunal found insufficient time for consultation and did not determine service charge costs.
Issues
The Tribunal determined whether it was reasonable to dispense with statutory consultation requirements under Section 20ZA of the Landlord and Tenant Act 1985 for fire safety works, given the urgency of an Enforcement Notice from Hampshire Fire and Rescue. The Tribunal granted dispensation due to insufficient time for consultation and lack of demonstrated prejudice from objections.
Holdings
The Tribunal granted dispensation from consultation requirements under Section 20ZA of the Landlord and Tenant Act 1985 for upgrading the fire detection and alarm system to 20 flats, as the Hampshire Fire and Rescue enforcement notice required completion by 1 December 2019, leaving insufficient time for consultation. The lessees' objections did not establish the required prejudice under the Daejan case.
Remedies
The Tribunal granted dispensation from consultation requirements under Section 20 of the Landlord and Tenant Act 1985 for fire detection system upgrades to 20 flats, citing insufficient time before an enforcement notice deadline.
Legal Principles
The Tribunal applied the principle that the legal burden of proof in dispensation applications under Section 20ZA of the Landlord and Tenant Act 1985 rests on the landlord. The Tribunal held that the landlord must demonstrate that it is reasonable to dispense with consultation requirements, and the tenants bear the burden of identifying any 'relevant' prejudice caused by the landlord's breach of consultation. The Tribunal found that the objections did not establish the required prejudice.
Precedent Name
Daejan Investments Ltd v Benson
Cited Statute
Landlord and Tenant Act 1985
Judge Name
Mr D Banfield FRICS
Passage Text
- In view of the above the Tribunal grants dispensation from the consultation requirements of S.20 Landlord and Tenant Act 1985 in respect of the work to extend the existing fire detection and alarm system comprising an upgrade of the system to include new sounder and detection circuits to 20 of the flats.
- It is clear that to meet the timetable set by the Notice there was insufficient time for full consultation to take place.