Section 20 notice & consultation

If the cost of major works exceeds the sum of £250 for any one leaseholder, under Section 20 of the Landlord and Tenant Act 1985, the landlord must consult with the tenants. The Act stipulates that the landlord must serve the appropriate Notices upon the tenants, providing details of the planned works along with quote options following a competitive tendering process.

Graves Son & Pilcher are aware of this legal requirement and are experienced at drafting Section 20 notices.

The legislation covering Section 20 protects leaseholders from paying unnecessarily large sums for work carried out to their building and helps to control expenditure. It states that a leaseholder’s contribution will be capped if the landlord, RTM company, RMC or their Managing Agent fails to follow a set consultation process. The consultation must cover:

• Qualifying works
• Qualifying long term agreements
• Qualifying works under long term agreements

In instances where works are required to be undertaken urgently, the ability to apply for dispensation through the First Tier Tribunal does exist, negating the need to consult fully with the tenants. 

It is crucial that the process is handled correctly and that the law is taken into account. Graves Son & Pilcher are able to provide expert advice to new and existing clients on all aspects of this important legislation.