Section 20 consultation: your rights when your landlord plans major works

Direct answer

If you are a leaseholder and your landlord plans major works costing more than £250 per leaseholder, they must consult you before the work starts. This is called a Section 20 consultation, and it is a legal requirement under the Landlord and Tenant Act 1985. If they do not follow the process, there is a cap on how much they can charge you. Knowing your rights here can save you a significant amount of money.

What Section 20 is

Section 20 of the Landlord and Tenant Act 1985 (as amended by the Commonhold and Leasehold Reform Act 2002) requires a landlord or management company to follow a consultation process before carrying out any qualifying works that will cost more than £250 per leaseholder in total.

This applies to:

• Roof repairs or replacement
• Lift replacement or major overhaul
• External decoration or painting
• Major structural repairs
• Installation of new heating or communal systems

It also applies to qualifying long-term agreements, such as a maintenance contract worth more than £100 per leaseholder per year.

The three-stage consultation process

The consultation has three formal stages. The landlord must complete each one before moving to the next.

Stage 1: Notice of intention

The landlord writes to all leaseholders and any recognised tenants association (RTA) to say they intend to carry out works. This notice must:

• Describe the works
• Explain why the works are needed
• Invite observations within 30 days
• Invite nominees: leaseholders can put forward a contractor they want the landlord to approach for a quote

You have 30 days from receiving this notice to make observations or nominate a contractor. Do this in writing and keep a copy.

Stage 2: Notice of estimates

The landlord must get at least two estimates for the works. If you nominated a contractor in Stage 1, they must seek an estimate from that contractor too. The landlord then writes to all leaseholders again with:

• A summary of the estimates received
• A copy of the nominated contractor's estimate (if applicable)
• A further 30-day observation period

Stage 3: Notice of reason (if the lowest estimate is not chosen)

If the landlord does not accept the lowest estimate, or does not accept the estimate from your nominated contractor, they must write to all leaseholders explaining why. This is the notice of reason.

What happens if the landlord skips the process

If the landlord fails to follow the Section 20 process correctly, the amount they can recover through the service charge is capped at £250 per leaseholder for those qualifying works, regardless of the actual cost. This is not a penalty you apply automatically: you would need to raise it as a challenge, but the cap exists in law.

You can apply to the First-tier Tribunal (Property Chamber) in England, or the Leasehold Valuation Tribunal in Wales, if you believe the landlord has not followed the process.

How to object during the consultation window

If you have concerns about the proposed works, the estimates, or the choice of contractor, put your observations in writing within the 30-day window. You can:

• Question whether the works are necessary
• Ask for more detail about the scope
• Challenge the estimates as unreasonably high
• Nominate your own contractor and ask for them to be included

Keep dated copies of everything you send.

If you suspect overcharging

If works have been completed and you believe you have been overcharged through the service charge, you can apply to the First-tier Tribunal for a determination on whether the service charge is reasonable. The Tribunal can reduce the amount you owe.

You should also check whether your landlord holds the service charge funds in a designated trust account, which is a legal requirement, and whether you are receiving annual accounts for the service charge.

What to do

1. Read any Section 20 notices carefully and note the observation deadline.
2. Make your observations in writing within 30 days, and nominate a contractor if you have one.
3. Keep copies of all notices, your responses, and any estimates you receive.
4. Contact the First-tier Tribunal if you believe the process was not followed, or if works have been carried out without any consultation at all.
5. Speak to a housing solicitor or law centre if the amounts involved are large. Legal advice on leasehold service charges is available from the Leasehold Advisory Service (LEASE) at lease-advice.org.

Where we fit in

Support for Tenants helps with housing disrepair claims. If major works carried out by your landlord have left your home in worse condition, created new defects, or if the building fabric remains in a dangerous state despite works being charged for, you may have a disrepair claim alongside any service charge dispute. Call us free on 0800 030 4669, send the short form, or message us on WhatsApp. See also can I be charged for repairs in my council flat and where to get other housing help.

Sources

• Section 20, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Commonhold and Leasehold Reform Act 2002 (legislation.gov.uk)
• First-tier Tribunal (Property Chamber) (GOV.UK)