On 7 December 2017 our Landlord, Waterfront Wakefield (Hebble Wharf) Ltd., lodged an Notice under Section 20A of the Landlord and Tenant Act for dispensation to proceed with emergency repair works to address water ingress through the southern elevation of Hebble Wharf without the requirement to first consult with leaseholders, on whom the cost will ultimately fall. The requirement to consult normally applies to any works that cost more than £250 per apartment and in order to proceed without consultation, the landlord must seek approval from the First-Tier Tribunal Property Chamber. Copies of the Notice were sent to all leaseholders on 11 December.
The committee of Hebble Wharf Residents and Owners Association met on 20 December to consider the implications of the Notice and to draft a response to the Tribunal. Representations received from individual leaseholders were considered and the committee agreed to submit a formal response, outlining the Association’s concerns, supported by at least 22 leaseholders. The Association’s response does not preclude individual leaseholders from also responding, but has the endorsement of a majority of the voting members of the Association.
On 20 December, the Tribunal directed the Landlord to provide further information to each leaseholder before the application could be considered. That information was due to be provided within 21 days (by 10 January) but on 8 January, the Landlord asked for a one-week extension of this deadline as there had been delays on obtaining some of the information over the Christmas/New Year period. We expect the information to be supplied in the coming week, after which leaseholders will have 7 days to respond with any concerns to the Tribunal.
The Association’s submission has been made ahead of the further information being supplied and may be modified should new information come to light. Copies of each of the relevant documents can be downloaded using the following links:
- Landlord’s application and Leak Investigation Report (07 December 2017)
- Landlord’s Solicitors’ letter to leaseholders (11 December 2017)
- Minutes of HWROA committee meeting (20 December 2017)
- Copy of Directions from the Tribunal (20 December 2017)
- Landlord’s request to Tribunal for extension of deadline (8 January 2018)
- Association’s outline submission to Tribunal (12 January 2018)
- Tribunal’s Determination (12 March 2018)