Automated Summary
Key Facts
The First-Tier Tribunal Property Chamber (Residential Property) granted Windmill Place Bushey Management Company Limited dispensation from consultation requirements under Section 20ZA of the Landlord and Tenant Act 1985 for urgent lift repair works at Oak View, Aspen Place, Bushey Heath. The decision (CAM/26UE/LDC/2022/0019) was made on 31 May 2022 after no objections from leaseholders or the landlord. The works, including lift rope replacement by Orona for £6,000 (plus a £500 management fee), were deemed necessary due to mobility issues for third-floor residents. The tribunal emphasized this decision only addresses dispensation from consultation, not the reasonableness of costs.
Issues
The tribunal considered an application to dispense with consultation requirements for urgent lift repairs at a residential property, determining whether compliance with Section 20ZA of the Landlord and Tenant Act 1985 was reasonable given the circumstances.
Holdings
The tribunal determines under section 20ZA of the Landlord and Tenant Act 1985 to dispense with all the consultation requirements in relation to the lift repair works. This decision was made based on the unopposed application and the reasonable grounds provided by the Applicant management company for urgent repairs to address residents' mobility issues.
Remedies
The tribunal determines under section 20ZA of the Landlord and Tenant Act 1985 to dispense with all the consultation requirements in relation to the lift repair works. This dispensation was granted as the application was unopposed and the managing agent demonstrated urgency for repairs due to mobility issues affecting third-floor residents. The decision does not address the reasonableness or payability of the repair costs, only the dispensation from consultation requirements.
Legal Principles
The tribunal applied section 20ZA of the Landlord and Tenant Act 1985 to determine that it was reasonable to dispense with all statutory consultation requirements for the lift repair works, based on the unopposed application and the lack of objections from leaseholders.
Cited Statute
- Landlord and Tenant Act 1985
- Service Charges (Consultation etc) (England) Regulations 2003
Judge Name
David Wyatt
Passage Text
- The tribunal determines under section 20ZA of the 1985 Act to dispense with all the consultation requirements in relation to the lift repair works.
- This application was not opposed by the Respondents, who have not challenged the information provided by the Applicant, identified any prejudice they might suffer because of the non-compliance with the consultation requirements, or in these proceedings asked for or provided any other information.
- For dispensation from consultation requirements - Section 20ZA of the Landlord and Tenant Act 1985.