Automated Summary
Key Facts
The Tribunal granted dispensation for repairs to the rainwater gutters at Arc Tower (32 Uxbridge Rd, London W5 2SN) under section 20ZA of the Landlord and Tenant Act 1985. The applicant, Adriatic Land 5 Ltd, sought dispensation to avoid consultation requirements as the repairs (including gutter cleaning, waterproofing preparation, and outlet replacement) had been completed using existing scaffolding, saving £29,430 weekly costs (not charged to leaseholders). The works were deemed urgent due to leaks in Flat 134 (North roof) and similar defects on the South roof, with no respondents objecting to the application.
Issues
The Tribunal granted dispensation from consultation requirements under section 20ZA of the Landlord and Tenant Act 1985 for rainwater gutter repairs, determining the works were urgent due to leaks causing water ingress, the use of existing scaffolding to save costs, and the absence of objections from leaseholders.
Holdings
The Tribunal granted dispensation for rainwater gutter repairs under section 20ZA of the Landlord and Tenant Act 1985, finding the works urgent, the applicant acted reasonably, and significant cost savings to leaseholders by using existing scaffolding. No respondents objected and the Tribunal found no prejudice. The decision does not address service charge reasonableness, with leaseholders retaining section 27A of the Act.
Remedies
The Tribunal granted unconditional dispensation from consultation requirements under section 20ZA of the Landlord and Tenant Act 1985 for rainwater gutter repairs at Arc Tower. The works were deemed urgent, and the dispensation was granted to utilize existing scaffolding for cost savings, with no objections from respondents.
Legal Principles
The Tribunal exercised its discretion under section 20ZA of the Landlord and Tenant Act 1985 to grant dispensation, relying on the Supreme Court's authority in Daejan Investments Limited v Benson [2013] UKSC 14 which permits granting dispensation on terms or conditions.
Precedent Name
Daejan Investments Limited v Benson and Others
Cited Statute
Landlord and Tenant Act 1985
Judge Name
Charles Norman
Passage Text
- 1. The application for dispensation is GRANTED unconditionally.
- 10. The Tribunal considers that the works were urgent, and that the applicant has acted reasonably in seeking the dispensation sought. It agrees that by utilising the existing scaffolding there will be a significant cost saving to lessees. The Tribunal notes that no Respondent has objected to the application. The Tribunal does not consider that any respondent will be prejudiced by the grant of dispensation. The Tribunal therefore grants dispensation in respect of the MRS works referred to above.