Automated Summary
Key Facts
The applicant, Mr. Jugraj Pugalia, applied for retrospective dispensation under section 20ZA of the Landlord and Tenant Act 1985 for urgent disconnection and reconnection of electricity supply at 17-19 Selhurst Road. The work was required to address an unlawful connection to UK Power Networks' distribution network. The applicant paid the full cost (£6,460.64) from his own funds, informed the respondent (Mr. Paul Crane, leaseholder of 17B), and no formal consultation occurred due to urgency. The Tribunal granted the dispensation without imposing terms, noting the work's necessity and the applicant's reasonable actions.
Issues
The Tribunal considered the application for retrospective dispensation under Section 20ZA of the Landlord and Tenant Act 1985 regarding the disconnection and reconnection of electricity supply at the Property. The key issue was whether the urgent nature of the work, the monopoly status of UKPN, and the informal consultation justified dispensing with the formal consultation requirements.
Holdings
The Tribunal grants retrospective dispensation under section 20ZA of the Landlord and Tenant Act 1985 for the disconnection and reconnection of the electricity supply at 17-19 Selhurst Road. This was deemed reasonable due to the urgency of the work (30-day deadline from UKPN), the applicant's informal consultation with the respondent, and the lack of prejudice identified by the respondent. No terms are imposed on the dispensation.
Remedies
- No terms are imposed on the grant of dispensation under section 20ZA for the disconnection and reconnection of the electricity supply at 17-19 Selhurst Road.
- The Tribunal grants retrospective dispensation under section 20ZA of the Landlord and Tenant Act 1985 for the disconnection and reconnection of the electricity supply at 17-19 Selhurst Road, as detailed in a charge notice from UK Power Networks dated 10 September 2020.
Legal Principles
The Tribunal applied the purposive approach in interpreting section 20ZA of the Landlord and Tenant Act 1985, determining that dispensation was reasonable due to the urgent need to address an illegal electricity connection and the applicant's reasonable actions to prevent disconnection.
Precedent Name
Daejan Investments Limited v Benson
Cited Statute
Landlord and Tenant Act 1985
Judge Name
Judge Donegan
Passage Text
- Having regard to the particular facts of this case and the guidance in Daejan Investments Limited v Benson [2013] UKSC 14, it is reasonable to dispense with the consultation requirements.
- The Tribunal accepts this work was urgent, given the terms of the charge notice. A full section 20 consultation would have taken three months or more. The applicant acted reasonably in paying the UKPN charge from his own funds, to avoid the disconnection of the electricity supply. Further, he acted reasonably in keeping the respondent informed of developments.
- The respondent's objections largely relate to the amount of his contribution. He has not identified any prejudice that might arise from the grant of dispensation or proposed any terms as a condition of granting dispensation.