Section 20

Under Section 20, for major maintenance works leaseholders have the right to:

  • Be consulted about the works.
  • Submit comments or objections about the planned work.
  • Nominate contractors for the work (provided they meet legal and financial criteria).
  • Review and challenge the estimated costs.
  • After receiving feedback from leaseholders, the landlord or management company must take the feedback into consideration before proceeding with the works.

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Major Maintenance Works via Section 20 Notice:

A Section 20 notice is a formal process used by landlords, property management companies, or freeholders to notify leaseholders of significant maintenance or repair work that is required on a property, particularly if the costs are going to be passed on to the leaseholders. This process ensures transparency and allows leaseholders to provide input before any major works are undertaken.

Explanation of Major Maintenance Works via Section 20 Notice:

1. What is a Section 20 Notice?

A Section 20 notice is a legal requirement under the Landlord and Tenant Act 1985. It is issued when the cost of maintenance or repair work to a building is expected to exceed a certain financial threshold, typically when each leaseholder’s share of the cost exceeds £250. This is to ensure that leaseholders are informed and given a chance to contribute feedback on the proposed works and the associated costs.

2. Purpose of the Notice:

The notice serves to inform leaseholders of:

  • The scope of the major works that need to be done (e.g., roof repairs, repainting, structural repairs).
  • The reasons why the work is necessary.
  • An estimate of the expected costs.
  • How the costs will be apportioned between leaseholders.
  • The process for leaseholders to provide feedback, raise concerns, or suggest alternative contractors.

3. Stages of the Section 20 Consultation Process:

  • Stage 1: Notice of Intention – The first notice outlines the proposed works, explains why they are necessary, and invites leaseholders to nominate contractors or provide feedback on the work being proposed.
  • Stage 2: Statement of Estimates – After receiving tenders from contractors, a second notice is issued with the detailed cost estimates and the chosen contractor(s). Leaseholders are invited to review the estimates and make observations.
  • Stage 3: Notice of Award of Contract – Once the consultation process is complete, a third notice is issued to confirm which contractor has been chosen and when the works will begin.

4. Leaseholders’ Rights and Involvement:

Leaseholders have the right to:

5. Cost Implications:

Leaseholders will be responsible for contributing to the cost of the works in accordance with their lease agreements, often based on a proportion of the total costs. The notice helps to ensure that leaseholders are not subject to unexpected or unreasonable costs without proper consultation.

6. What Happens If You Don’t Respond?

Even if a leaseholder does not respond to the notice, the consultation process will still proceed. However, it is in a leaseholder’s interest to participate to ensure their concerns or preferences are taken into account.

7. Disputing the Charges:

If leaseholders believe the costs are unreasonable or the works unnecessary, they can challenge the charges through the First-tier Tribunal (Property Chamber). This process exists to protect leaseholders from unfair or excessive costs.

By understanding the Section 20 notice, leaseholders can actively engage in the decision-making process related to significant property maintenance or repair, ensuring that the work is both necessary and reasonably priced.

YOU NEED TO GET INVOLVED -Together, we can maintain accountability and fairness in the management of our development’s upkeep. If anyone has questions or needs further clarification, feel free to reach out to WARA via Contact Us page.