Category Archives: Consultation (Section 20)

I am a landlord. Can I successfully take formal legal action against a leaseholder who has let out their flat, provided no correspondence address, and then not paid their service charges for a long period of time?

Reader’s E-mail: I am Freeholder of 12 flats. One of our leaseholder Mr.H disappeared without notifying us of his forwarding address in 1995 or who was his managing agent in his absence. It was after 20 we manage to locate the agent but they refuse to give leaseholder’s address. We did not give them the… Read More »

Should my housing association have been consulted before the developer entered into a 5 year agreement with an agent to manage the development?

Reader’s E-mail: The development is a purpose built block of flats. A housing association bought off plan long before the development was completed. The association was a tenant of the block at that time. The landlord entered into a long term contract with the managing agent before any other flat were sold but AFTER the… Read More »

The service charge demand I have received for major works is 70% more than the amount quoted on the section 20 notice. Is this a breach of the section 20 consultation requirements?

Reader’s E-mail: My landlord followed correct procedures under section 20 regarding informing us of major works, a consultation period, quotes for the work etc. The problem occurred when we received the final bill which was massively over budget. At no time were we informed of the rising costs. Is there anything in section 20 which… Read More »

Is a contract with a managing agent lasting 364 days with a 3 month termination period thereafter a qualifying long term agreement for the purposes of Section 20 of the Landlord and Tenant Act 1985?

Reader’s E-mail: Our management agent contract states 364 initial period and then after that three months notice. The question is does this equate to a long term agreement ? If so section 20 process must be applied Reply from Service Charge Dispute Guide 1. The statutory definition of a qualifying long term agreement is given… Read More »

Is there a case in law for arguing that my landlord has breached the section 20 consultation requirements by splitting up the work to tarmac our car parks into separate contracts so as to avoid the requirement to consult?

Reader’s E-mail: We are a development of 36 flats in three separate blocks (though blocks 2 and 3 have an adjoining wall). Tarmac resurfacing work was carried out on the communal driveways/car parking areas at the REAR of the property in July/August 2014. We don’t yet know the cost, as the accounts for the year… Read More »

Is my landlord entitled to charge me 10% of the cost of major works to cover the cost of issuing section 20 notices?

Reader’s E-mail: Can a Freeholder charge 10% of the final building works invoice as admin for dealing with the S.20 procedure? Reply from Service Charge Dispute Guide 1. The first point to consider in this situation is exactly what type of charge your landlord is claiming. 2. In law a ‘service charge’ is something distinct… Read More »