Automated Summary
Key Facts
The First-tier Tribunal Property Chamber granted Spectrum Property Ltd's application to dispense with consultation requirements under section 20ZA of the Landlord and Tenant Act 1985 for the urgent removal of damaged asbestos boards in the car park at Rebecca Court, Beckenham (BR3 4DA). The application, submitted by Spectrum Property Ltd with support from Hudson and Kimm Block Management Ltd, affected eight leaseholders. No leaseholders opposed the application, and the Tribunal determined the dispensation was reasonable due to the urgency of the health and safety issue. The decision was made on 2 February 2021 without requiring an oral hearing.
Issues
The Tribunal was required to determine whether it is reasonable to dispense with the statutory consultation requirements under Section 20ZA of the Landlord and Tenant Act 1985 in relation to the urgent removal of damaged asbestos boards in the car park at Rebecca Court. The application did not involve assessing the reasonableness or payability of service charge costs.
Holdings
The Tribunal is satisfied that it is reasonable to grant dispensation from the statutory consultation requirements. This is justified by the urgent need for the removal of damaged asbestos boards in the car park. There is no suggestion that any prejudice has arisen. In the circumstances, it is appropriate to grant dispensation without any conditions.
Remedies
The Tribunal grants this application to dispense with the consultation requirements imposed by section 20 of the Landlord and Tenant Act 1985 without condition in respect of the removal of damaged asbestos boards in the car park.
Legal Principles
The Tribunal applied section 20ZA of the Landlord and Tenant Act 1985, which allows dispensation from consultation requirements for qualifying works if it is reasonable to do so. The Tribunal determined that the urgent removal of damaged asbestos boards in the car park justified dispensing with consultation obligations, as no leaseholder opposition was received and no prejudice was demonstrated.
Cited Statute
Landlord and Tenant Act 1985
Judge Name
Judge Robert Latham
Passage Text
- 8. The only issue which this Tribunal has been required to determine is whether or not it is reasonable to dispense with the statutory consultation requirements. This application does not concern the issue of whether any service charge costs will be reasonable or payable.
- 9. The Tribunal is satisfied that it is reasonable to grant dispensation from the statutory consultation requirements. This is justified by the urgent need for the works. There is no suggestion that any prejudice has arisen. In the circumstances, it is appropriate to grant dispensation without any conditions.
- "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 or qualifying long term agreement, the tribunal may make the determination if satisfied that it is reasonable to dispense with the requirements."