Automated Summary
Key Facts
The Tribunal granted dispensation under section 20ZA of the Landlord and Tenant Act 1985 for urgent lift modernisation in Block 1 at Oakwood Court. The lift has been out of service since its control panel failed, causing substantial inconvenience to residents, particularly elderly/disabled individuals and those with young children. No respondents contested the application or raised concerns about consultation requirements. The decision does not address cost liability for the £59,720+VAT modernisation works, which will proceed without imposed terms.
Issues
The main issue addressed by the Tribunal was whether it is reasonable to dispense with the statutory consultation requirements under section 20ZA of the Landlord and Tenant Act 1985 for the urgent modernisation of a lift in Block 1, Oakwood Court. This determination was based on the urgency of the works (due to the lift being out of action), the height of the building (eight storeys), and the substantial inconvenience to residents, particularly elderly and disabled individuals. The Tribunal also considered the lack of opposition from respondents and referenced the legal precedent in Daejan Investments Limited v Benson [2013] UKSC 14.
Holdings
The Tribunal granted dispensation under section 20ZA of the Landlord and Tenant Act 1985 for the modernisation of the passenger lift in Block 1, Oakwood Court, due to the urgency of the works (lift out of action, eight-storey building, and significant resident inconvenience) and the absence of opposition from respondents. The decision cites Daejan Investments Limited v Benson [2013] UKSC 14 as relevant guidance, noting that a full section 20 consultation would delay the works for three months or more. No terms were imposed on the dispensation, and the decision does not address cost liability or service charge contributions.
Remedies
The Tribunal grants dispensation under section 20ZA of the Landlord and Tenant Act 1985 for the modernisation of the passenger lift in Block 1, Oakwood Court. No terms are imposed on the grant of dispensation.
Legal Principles
The Tribunal applied the reasonableness test under section 20ZA of the Landlord and Tenant Act 1985 to determine whether consultation requirements could be dispensed with. It concluded that dispensation was reasonable given the urgency of lift modernisation and lack of opposition from respondents.
Precedent Name
Daejan Investments Limited v Benson
Cited Statute
Landlord and Tenant Act 1985
Judge Name
Judge Donegan
Passage Text
- The Tribunal accepts that the lift modernisation is urgent, given the lift is out of action, the height of Block 1 and the substantial inconvenience to residents. A full section 20 consultation would take three months or more and the works cannot wait this long.
- 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 strict consultation requirements.
- The Tribunal grants dispensation under section 20ZA of the Landlord and Tenant Act 1985 ('the 1985 Act') for the modernisation of the passenger lift in Block 1, Oakwood Court, Abbotsbury Road, Holland Park, London W14 8JY.