Automated Summary
Key Facts
The First-tier Tribunal (Residential Property) granted unconditional dispensation to Proxima GR Properties Limited from statutory consultation requirements for urgent roof repair works at Block 10 Millennium Drive, London E14 3GE. The leaseholders of the property were the respondents, and no objections were raised to the dispensation application. The tribunal determined that the works, which included repairing a leaking roof and preventing further water ingress, were urgently necessary to avoid damage to lower flats. The decision was based on the absence of prejudice to leaseholders and the uncontested urgency of the repairs. The case reference is LON/00BG/LDC/2022/0172P, and the decision was made on 10 January 2023 by Judge P Korn.
Issues
The tribunal considered whether to grant dispensation from statutory consultation requirements under the Landlord and Tenant Act 1985 for urgently needed roof repair works. The key issue was whether leaseholders suffered prejudice due to the lack of consultation, but no objections were raised, and the works were deemed necessary to prevent further damage.
Holdings
The tribunal granted unconditional dispensation from compliance with the statutory consultation requirements under Section 20ZA of the Landlord and Tenant Act 1985 for urgent roof repair works at Block 10 Millennium Drive, London E14 3GE. The decision was based on the absence of objections from leaseholders and the urgency of the works to prevent further water damage.
Remedies
The tribunal unconditionally dispenses with consultation requirements for remedial works to repair a leaking roof, citing urgency to prevent further damage and no evidence of leaseholder prejudice. The decision is based on the absence of objections from respondents and the necessity of prompt action.
Legal Principles
The tribunal applied its discretion under Section 20ZA(1) of the Landlord and Tenant Act 1985 to grant dispensation from consultation requirements, relying on the Supreme Court decision in Daejan v Benson (2013) which established that dispensation is reasonable if leaseholders have not suffered prejudice. The determination emphasized that no leaseholders raised objections or evidence of prejudice, and the works were urgently needed to prevent further damage.
Precedent Name
Daejan Investments Limited v Benson and others
Cited Statute
Landlord and Tenant Act 1985
Judge Name
Judge P Korn
Passage Text
- Under Section 20ZA(1) of the 1985 Act 'where an application is made to the appropriate tribunal for a determination to dispense with all or any of the consultation requirements in relation to any qualifying works..., the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements'.
- The tribunal dispenses unconditionally with the consultation requirements in respect of the qualifying works which are the subject of this application.
- I accept on the basis of the uncontested evidence before me that the works were of an urgent nature and that it was in the leaseholders' interests for the works to be completed with the minimum of delay.