Peabody have made a Tribunal application against the leaseholders of 13 Atkins Square. The Tribunal directed them (if feasible) to post copies of relevant documents on their website, but they have refused to do so. As such, the Residents’ Association have done their job for them, and posted the relevant documents below.
Documents that Peabody should have sent to leaseholders
- Letter from Peabody notifying leaseholders of a building safety review, 20 July 2020
- Letter from Peabody notifying of section 20 notice, 27 July 2020
- Letter from Peabody notifying leaseholders of the Application, 5 August 2020
- Letter from the First-tier Tribunal (Property Chamber) to Peabody, 27 July 2020 [served on leaseholders 5 August 2020]
- Application Form, First-tier Tribunal (Property Chamber) [served on leaseholders 5 August 2020]
- Tribunal directions, 23 July 2020 [served on leaseholders 5 August 2020]
- Sample lease [never served on leaseholders; should have been served 5 August 2020]
On 30 October 2020 a tribunal hearing took place. The Residents’ Association applied for orders for Peabody to have to comply with the previous directions made by the Tribunal. The Tribunal granted the Residents’ Association’s application. This means that Peabody now has to share with leaseholders material that they had previously kept hidden.
Download the Tribunal Directions of 30 October 2020.
The Residents’ Association’s approach to the application
The Residents’ Association is conscious that Peabody has failed to comply with the Tribunal’s directions, and has failed to engage in consultation with the leaseholders. The failure of Peabody to comply with the Tribunal’s directions has limited the material available to leaseholders. This has made it difficult for leaseholders to formulate our position in relation to the Application.
The Residents’ Association have been in contact with Peabody asking that they comply with the Tribunal’s directions, and provide to leaseholders the relevant information on the Application against them. Characteristically, Peabody has refused.
However, we have noted that the directions of 23 July 2020 provide at recital (D) that, “The only issue for the tribunal is whether it is reasonable to dispense with the statutory consultation requirements. This application does not concern the issue of whether any service charge costs will be reasonable or payable.” Further, residents are conscious that the installation of a fire alarm and detection system in 13 Atkins Square, which has already commenced, may result in an overall costs saving.
In light of this, the Residents’ Association has not taken a position either for or against the Application. It has not become a party to the proceedings.
Pembury Estate Residents' Association 