Section 20 is a clause in the Landlord and Tenant Act 1985 intended to protect leaseholders from paying unnecessarily large sums for work carried out to their building.
As a leaseholder, you have the right to be consulted if the landlord carries out major works for which you will be asked to pay. The landlord must consult all leaseholders if any one of them would have to pay more than £250.
This consultation process has three stages:
- First stage – a notice of intention to do the works.
The first stage section 20 notice should contain a description of the work in broad terms. There does not have to be a specification but it helps if it is. - Second stage – notification of estimates obtained by the landlord.
The landlord shall prepare at least two proposals (estimates) as to the services, goods, works etc. The notice must include a copy of each proposal or specify a reasonable place and hours where they can be inspected. - Third stage – notification of award of contract if required.
This notice is not required where the contract has been awarded to a nominated contractor or the lowest tender.
Useful Documents
- Section 20 - Outline guide to consultation for qualifying works to a building and qualifying long term agreements (Lease Advice)
- A guide to the S.20 consultation process for major works (ARMA)
- Consultation Procedures Booklet (ARMA and LEASE)
- The Service Charges (Consultation Requirements) (England) Regulations 2003
- Landlord and Tenant Act 1985 - Chapter 70
