QUESTION
We manage a large block of flats with a high level roof in need of repair. Unfortunately the contractors we use for this are unable to undertake the works unless we instruct immediately. They are steeple Jacks and we do not need to use scaffold which obviously has an impact on costings. Approximately £40,000.00 worth of scaffold would be required by a normal roofing contractor.
Would this increase on costs to the Leaseholders be a consideration for undertaking the works without the need of a section 20 Notice?
ANSWER
In reply to your query I am of the opinion that costs would be a major consideration in you deciding to proceed without serving the appropriate statutory notices, especially if your saving is likely to be in the region of £40000.
It will be necessary for an FTT application to be made requesting dispensation from serving the statutory notices. You have not stated how urgently the repairs are and it is possible that lessees will raise objection to the works, if the repairs are not regarded as urgent. The leading case on dispensation sets out the tests which are if dispensation is granted will the tenant suffer any relevant prejudice and if so what relevant prejudice would be suffered as a result of the Landlord’s noncompliance with the requirements.
If the repairs are urgently required you should have no difficulty in succeeding with your application, otherwise as long as the repairs will have to be carried out in the near future you should still be successful
Richard Sandler, Lawyer Manager at PDC Law
