We support businesses with commercially focused legal solutions that drive growth and protect and preserve your assets and reputations.
Whatever your business, we can help you prosper.
We provide legal support to address the major challenges in life and protect your family and finances.
From relationship breakdowns or personal injuries to property or criminal defence, we can help you achieve the best outcome for you and your family.
Section 20 of the Landlord and Tenant Act 1985 sees certain requirements placed on landlords. As part of these requirements, before landlords carry out qualifying works or enter into a long-term agreement for services, they must consult with liable leaseholders. Liable leaseholders are those that will be liable to pay a variable service charge to contribute to costs such as maintenance, repair and management of a building/property. This is most often in relation to those owning flats, which are more likely to have leases with the requirement to pay a service charge but could include properties such as holiday chalets let on long leases.
If consultation is not carried out by the landlord, the sum a leaseholder will be required to pay for works will be limited. Payment will be limited to £250 in respect of qualifying works and £100 in respect of long-term agreements for services, even if the works have cost the landlord more than this.
Kayleigh Whitman, Associate at Coodes, shares more details about the consultation requirements and what this means for you.
A landlord must consult with tenants before:
The Section 20 consultation requirements apply to all dwellings and residential leases (typically flats) where tenants are obliged to pay service charges. In addition to rent, service charges cover services, repairs, maintenance, insurance, and landlord’s management costs.
The landlord must serve notice to all tenants, subtenants, and any recognised tenant association.
The Section 20 consultation procedure for both qualifying works and qualifying long-term agreements has 3 stages:
A landlord may apply to the First Tier Tribunal (‘FTT’) for an order dispensing with any or all consultation requirements. The FTT has the discretion to grant dispensation if it considers it reasonable to do so. For example, where works are urgent or where a mistake was made in the Section 20 consulting process.
If a landlord fails to follow the consultation process or obtain dispensation from doing so, they will be unable to recover more than the following from each leaseholder:
The above limits do not apply to monies requested on account of the works. For example, where a lease provides for payment on account of an annual service charge.
At Coodes Solicitors, we act for both landlords and tenants in property disputes. If you are a tenant requiring any advice or assistance in relation to challenging costs for a failure to consult or a landlord requiring advice on the Section 20 consultation process, we can provide expert support. We are also happy to help with making applications to the FTT for dispensation.
Please contact Coodes’ Commercial Disputes team, email Kayleigh Whitman or find our online contact form and other contact information here.
Associate
Call us on 0800 328 3282, or complete the form below and we’ll get back to you as soon as possible.
As of 6th April 2024, paternity leave will be changing to reflect a shifting attitude…
What steps should you take if you suspect someone is committing financial abuse as a…