Tribunal decision – The Spinnakers fire system replacement dispensation
The information on this page applies to all leaseholders and tenants who live at, or own flats at, The Spinnakers, Hillside Road, Falmouth.
We applied to the First-tier Tribunal to ask their permission to not follow the rules in consulting residents before undertaking major works.
The application related to works to replace a fire alarm panel at the Property and provision of a waking watch whilst the works were carried out. The panel had totally failed such that it would not operate in the event of emergency.
Given the urgency of the works, no consultation was carried out and we applied for dispensation instead. The residents were informed of the requirement for the works. Had we have consulted, the delay would have hugely increased the cost of the waking watch.
Decision of the Tribunal
The Tribunal granted our application for the dispensation of all or any of the consultation requirements provided for by section 20 of the Landlord and Tenant Act 1985 (Section 20ZA of the same Act) in relation to works to replace a fire alarm panel at the Property and provision of a waking watch whilst the works were carried out.
Rights of appeal
1. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application by email to rpsouthern@justice.gov.uk
2. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.
3. If the person wishing to appeal does not comply with the 28-day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.
4. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.
You can read a full copy of the Letter to Respondents and the Decision on Dispensation below.