Automated Summary
Key Facts
The Tribunal granted Trinity Close Ltd dispensation from consultation requirements under s.20ZA of the Landlord and Tenant Act 1985 for urgent asbestos-related works at Trinity Close in London. The application was made on 22 March 2021, and the decision was issued on 08 June 2021. All tenants were notified via a Notice of Intention on 22 March 2021, and no objections were received. The works, estimated at £21,050, are necessary to ensure building safety. The Tribunal concluded that full consultation was impractical due to urgency and confirmed no undue prejudice to tenants.
Issues
The tribunal was asked to determine whether it could exercise its discretion under s.20ZA of the Landlord and Tenant Act 1985 to dispense with consultation requirements for urgent asbestos-related works. The applicant argued that full consultation was impractical due to the urgency of the works, which are necessary to ensure resident safety, and that all tenants had been notified and no objections were received.
Holdings
The Tribunal determined to dispense with the consultation requirements under s.20 of the Landlord and Tenant Act 1985. This was granted because all tenants were notified of the application, the proposed works are urgently needed to maintain building safety due to asbestos discovery, and no objections were received from respondents. The decision allows the landlord to proceed with necessary investigations and works without full consultation.
Remedies
The Tribunal granted dispensation from the consultation requirements under s.20 of the Landlord and Tenant Act 1985. This was based on the urgency of inspecting and addressing asbestos in the building to ensure resident safety, with no objections received from tenants. The decision allows the landlord to proceed with necessary works without full statutory consultation.
Legal Principles
The Tribunal applied the purposive approach to interpret s.20ZA of the Landlord and Tenant Act 1985, balancing the statutory consultation requirements against the urgency of asbestos-related safety works. It concluded that dispensation was reasonable to address health hazards while ensuring no undue prejudice to tenants.
Cited Statute
- Landlord and Tenant Act 1985
- Service Charges (Consultation Requirements) (England) Regulations 2003
Judge Name
F J Silverman
Passage Text
- "Where an application is made to a [leasehold valuation] 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" (emphasis added).
- This determination does not affect the tenants' rights to apply to the Tribunal challenging the payability or reasonableness of the service charges.
- The Tribunal is satisfied that the inspection to be carried out is necessary and that no undue prejudice will be caused to or suffered by any tenant by the grant of dispensation under s20ZA.