Success at the Leasehold Valuation Tribunal

Despite the outstanding achievements of our Olympians and the Diamond Jubilee celebrations, 2012 will also be remembered as the year it didn’t appear to stop raining! Unfortunately atrocious weather throughout the year, followed by a run of hard winter frosts, took its toll on a number of our older buildings. Amongst them was one of our Grade 2 Listed buildings, built around 200 years ago.

Stonework, saturated throughout the summer subsequently froze over the winter, resulting in substantial sections of high level stone cornice and mouldings falling to ground. Reparatory works were obviously urgent, not just to avert serious injury but to prevent further deterioration of the façade. Unfortunately the cost of these works far exceeded that allowed without following the Statutory Consultation procedure, as laid down in section 20 of the Landlord and Tenant Act 1985.

Following such a procedure however could have added months to the project and would have resulted in the urgently erected scaffolding standing idle for many weeks. Unwilling to wait such a time, the proactive Directors of the building agreed with the proposal put forward by Johanne Coupe, that Daisy Estate Managers apply to the Leasehold Valuation Tribunal under section 20ZA of the Act for dispensation from the entire consultation requirements, upon grounds of urgency.

Within a short period the Tribunal, accompanied by Johanne and a block Director, inspected the property to assess the damage. A hearing then followed, during which Johanne presented the case for dispensation on behalf of the Directors.

We were pleased to report to the Directors and leaseholders that the application was accepted and dispensation granted. The reparatory works are now well underway; had we not instigated this course of action the works would still be going through consultation today.

So remember, if your works can be proven to be urgent, you do not necessarily have to adhere to the full consultation requirements of the Act. Present a strong case to the Leasehold Valuation Tribunal and if they agree with you, dispensation may be granted, allowing the works to start immediately.