what is a section 20 notice uk

What Is a Section 20 Notice? Full UK Leaseholder Guide

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    If you own a leasehold property in England or Wales, understanding the Section 20 process is essential. Whether you live in a flat, own a buy-to-let apartment, or manage a block of residential units, you are likely to encounter a Section 20 Notice at some point.

    The notice relates to service charges, major works, and long-term agreements. It ensures leaseholders are consulted and treated fairly before being asked to contribute to significant costs. But what is a Section 20 Notice exactly, and how does it affect leaseholders?

    This detailed UK guide explains everything you need to know.

    1. What Is a Section 20 Notice?

    A Section 20 Notice is a formal consultation notice issued by a landlord, freeholder, or property management company under Section 20 of the Landlord and Tenant Act 1985. It must be served when:

    1. The landlord plans to carry out major works costing any leaseholder over £250, or
    2. The landlord wants to enter into a long-term agreement costing any leaseholder over £100 per year.

    This notice ensures leaseholders are informed, consulted, and given the opportunity to comment before costs are finalised.

    2. Why Is a Section 20 Notice Required?

    The purpose of the Section 20 process is to:

    • Protect leaseholders from unexpected or unreasonable costs
    • Ensure transparency between freeholders and residents
    • Allow leaseholders to propose contractors or challenge decisions
    • Provide a structured consultation before major spending

    Without this consultation, landlords may be unable to recover costs through service charges.

    3. When Is a Section 20 Notice Issued?

    The notice is issued in two main situations:

    1. Major Works

    Examples include:

    • Roof replacement
    • External wall repairs
    • Lift refurbishment
    • Plumbing upgrades
    • Fire safety improvements
    • Window replacement
    • Structural repairs
    • Car park resurfacing

    If the cost per leaseholder is more than £250, a Section 20 Notice is legally required.

    2. Long-Term Agreements

    This applies to contracts lasting over 12 months, such as:

    • Cleaning contracts
    • Maintenance contracts
    • Managing agent agreements
    • Security services
    • Gardening and landscaping services

    If the cost exceeds £100 per leaseholder per year, consultation is mandatory.

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    4. Types of Section 20 Notices

    The Section 20 process includes three key stages, depending on the type of works:

    1. Notice of Intention (Stage 1)

    This is the first step. It must include:

    • The reason for the proposed works
    • The type of work or service planned
    • An invitation for leaseholders to make observations
    • A 30-day consultation period
    • The right for leaseholders to nominate contractors

    This ensures leaseholders are aware early in the process.

    2. Notice of Estimates (Stage 2)

    After collecting contractor estimates, the landlord must issue:

    • At least two different estimates
    • A summary of leaseholder observations
    • Contractor details
    • A 30-day consultation period to review details

    Leaseholders may inspect related documents and challenge any concerns.

    3. Notice of Award of Contract (Stage 3)

    Finally, the landlord announces the chosen contractor and rationale. This is required:

    • If the chosen contractor was not the lowest quote
    • If the contractor was not nominated by leaseholders

    This stage provides transparency and accountability.

    5. What Happens After a Section 20 Notice Is Issued?

    Once the notice is served:

    1. Leaseholders have 30 days to respond with comments.
    2. All feedback must be considered and summarised.
    3. Works or agreements can only proceed after consultation is complete.
    4. Costs will be added to future service charge demands.

    The process must be completed correctly; otherwise, landlords risk losing the ability to recover charges.

    Also, learn more about The Ultimate Guide to Issuing a Section 20 Notice

    6. How Much Can Leaseholders Be Charged Under Section 20?

    There is no legal maximum for major works charges. Costs depend on:

    • Building size
    • Type of repairs
    • Contractor rates
    • Urgency of the work

    However, leaseholders must only be charged reasonable costs, and every decision must be transparent.

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    7. When Is a Section 20 Notice Not Required?

    A Section 20 Notice may not be needed if:

    • Works are urgent (for example, health or safety risks)
    • Costs fall below £250 per leaseholder
    • The agreement is shorter than 12 months
    • A tribunal dispensation has been granted

    Dispensation allows landlords to skip consultation in specific circumstances.

    8. Leaseholder Rights Under Section 20

    Leaseholders have important rights, including:

    1. The Right to Be Consulted

    They must be informed and allowed to participate at all stages.

    2. The Right to See Estimates

    Leaseholders can view contractor quotes and related documents.

    3. The Right to Nominate Contractors

    During Stage 1, any leaseholder may suggest their preferred contractor.

    4. The Right to Make Observations

    Feedback must be considered and recorded.

    5. The Right to Challenge Unreasonable Costs

    If charges are not fair, leaseholders can take the matter to the tribunal.

    9. Common Issues with Section 20 Notices

    Leaseholders sometimes face challenges such as:

    1. High Service Charges

    Major works can be expensive, especially in older buildings.

    2. Lack of Transparency

    Some managing agents fail to provide clear cost breakdowns.

    3. Poor Contractor Performance

    The cheapest quote may not always produce the best results.

    4. Short Consultation Time

    Although 30 days is the legal minimum, it can feel rushed.

    5. Inadequate Response to Observations

    Not all landlords properly summarise or consider leaseholder feedback.

    Being aware of these issues helps leaseholders challenge unfair practices.

    10. What If a Landlord Fails to Serve a Section 20 Notice?

    If the landlord does not follow the Section 20 consultation process correctly:

    • They may only recover up to £250 per leaseholder, even if the works cost much more.
    • Leaseholders can refuse to pay any additional charges.
    • A tribunal may rule costs as unreasonable.

    This is why landlords and managing agents are careful to comply with all stages.

    11. How to Challenge a Section 20 Charge

    If you believe the works are unnecessary, overpriced, or poorly managed, you can:

    • Submit written observations
    • Ask for documentation
    • Attend residents’ meetings
    • Request detailed cost breakdowns
    • Apply to the First-tier Tribunal (Property Chamber)

    The tribunal can investigate and reduce or remove unreasonable charges.

    12. How Section 20 Notices Protect Leaseholders

    Although they may feel inconvenient, Section 20 Notices provide essential protections by ensuring:

    • Transparency in costs
    • Prevention of financial abuse
    • Fair selection of contractors
    • Proper recording of decisions
    • Reasonable service charges

    Without this process, leaseholders would have far less control over significant building expenses.

    Conclusion

    A Section 20 Notice is a crucial part of leasehold property management in the UK. It ensures landlords consult leaseholders before carrying out major works or entering long-term agreements that affect service charges. Understanding what is a Section 20 Notice, your rights, and the full consultation process helps you avoid unexpected costs and ensures you remain informed about building maintenance decisions.

    Whether you are a leaseholder, landlord, property manager, or investor, Section 20 compliance is essential for fair and lawful property management.

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