Section 20 consultation: what leaseholders need to know about major works
If your landlord skips the consultation, your share of the works can be capped at £250.
Section 20 of the Landlord and Tenant Act 1985 makes landlords consult leaseholders before spending big. It's one of the strongest protections you have, and one of the most common grounds for a successful service charge challenge.
When consultation is needed
- Qualifying works: major works where any one leaseholder would pay more than £250, such as roof repairs, redecoration or lift replacement.
- Long-term agreements: contracts lasting more than 12 months where any leaseholder would pay more than £100 a year, such as a multi-year cleaning or maintenance contract.
How the consultation works
For major works, the landlord must first send a notice of intention describing the works and inviting your observations, then obtain estimates and share them with you, giving you time to comment at each stage and to nominate a contractor. The exact steps are set out in regulations, and the notices must say when your comments are due.
If they didn't consult
If the landlord didn't consult properly, your contribution can be capped at £250 for the works (or £100 a year for a long-term agreement). The landlord can ask the tribunal to dispense with the requirements, and the tribunal looks at whether leaseholders were actually prejudiced, so keep notes of what you'd have done differently.
Rolling or annual contracts often fall outside the long-term agreement rule, so check the contract length before relying on it. I learned that the hard way in my own challenge.
What to check on your bill
- Is there a large one-off cost, or a contract running for years?
- Did you receive consultation notices before the work or contract started?
- Do the costs match the estimates you were sent?
- Ask for the details in writing with a section 21 summary of costs.
And check when the costs were incurred: anything billed too late may fall foul of the 18-month rule.
General information about leasehold law in England, not legal advice.