Castle Court - Dispensation Determination

You will be aware that LiveWest carried out a Section 20 consultation with all residents of Castle Court for the replacement of the communal lift. The Section 20 had a reduced timescale to allow work to commence as early as possible as the lift had failed. 
Due to the reduced consulation time we applied to the First-tier Tribunal Property Chamber (Residential Property) for dispensation from the consultation requirements contained in Section 20 of the Landlord and Tenant Act 1985. This was in relation to the qualifying works agreement proposed for the replacement of the communal lift.

The Tribunal requires that we make leaseholders at Castle Court aware of the outcome and inform you of your right to appeal, please see these details below.

Decision of the Tribunal
The Tribunal has granted the 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 major works with regard to the supply and installation a replacement lift in the Property. 

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.