Automated Summary
Key Facts
The First-tier Tribunal (Property Chamber) granted dispensation from Section 20 consultation requirements under the Landlord and Tenant Act 1985 for No 80 Grand Parade Management Limited to carry out urgent fire safety works at Royal View, 80 Grand Parade, Brighton. The works included replacing the fire alarm panel, installing 105 heat detectors, and system programming. No objections were received from lessees, and the decision was made without a hearing under rule 6A (Coronavirus) on 11 June 2021. The applicant is required to notify all lessees.
Issues
The Tribunal must determine if it is reasonable to dispense with the consultation requirements under Section 20ZA of the Landlord and Tenant Act 1985 for the applicant's proposed works to replace the fire alarm panel and install heat detectors, given the urgency of the works, the absence of objections from lessees, and the potential cost savings from eliminating the need for a waking watch.
Holdings
- The applicant is to send a copy of this determination to each lessee.
- The Tribunal grants dispensation from the consultation requirements of S.20 Landlord and Tenant Act 1985 in respect of the works to Replace the existing fire alarm panel, supply and install 105 addressable system sensor heat detectors and programme and test. In granting dispensation, the Tribunal makes no determination as to whether any service charge costs are reasonable or payable.
Remedies
- The Tribunal makes no determination as to whether any service charge costs are reasonable or payable.
- The Tribunal grants dispensation from the consultation requirements of S.20 Landlord and Tenant Act 1985 in respect of the works to Replace the existing fire alarm panel, supply and install 105 addressable system sensor heat detectors and programme and test.
Legal Principles
- The Tribunal may grant dispensation from consultation requirements under section 20ZA if satisfied it is reasonable to do so, considering factors like urgency, lack of objections, and whether competitive quotations were obtained. The decision does not address service charge reasonableness.
- The legal burden of proof in dispensation applications under section 20ZA of the Landlord and Tenant Act 1985 rests with the landlord, who must demonstrate that it is reasonable to dispense with consultation requirements.
Precedent Name
Daejan Investments Ltd v Benson
Cited Statute
- Landlord and Tenant Act 1985
- Tribunal Procedure Rules 2013
- Tribunal Procedure (Coronavirus) Amendment Rules 2020
Judge Name
D Banfield FRICS
Passage Text
- 16. The work is clearly urgent, competitive quotations were obtained and in these circumstances, I am prepared to grant the dispensation requested.
- 15. No objections have been received and therefore no prejudice as referred to in the Daejan case above has been identified.
- 17. 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 works to Replace the existing fire alarm panel, supply and install 105 addressable system sensor heat detectors and programme and test.