What is a Section 20 consultation and why did I get a huge bill?
Section 20 of the Landlord and Tenant Act 1985 requires a landlord or management company to consult leaseholders before carrying out major works or entering a long-term agreement. It is the main statutory protection leaseholders have against large unexpected service charge bills.
When it applies:
Qualifying works costing any single leaseholder more than £250. Note this is per leaseholder, not the total — so in a block of forty flats, works costing £10,000 can trigger it.
Qualifying long-term agreements lasting more than twelve months and costing any leaseholder more than £100 per year — insurance, cleaning contracts, lift maintenance.
The consultation stages:
Stage one — notice of intention. Describing the proposed works and inviting observations within 30 days, plus nominations of contractors leaseholders would like invited to tender.
Stage two — notice of estimates. Providing at least two estimates, including one from any nominated contractor and one from someone unconnected with the landlord, with a further 30 days for observations.
Stage three — notice of reasons, if the cheapest estimate is not chosen.
The consequence of failing to consult is the crucial part. If the landlord does not follow the procedure properly, their recovery is capped at £250 per leaseholder regardless of what the works actually cost. This is a serious sanction, and it is why properly run managing agents are careful about it.
Landlords can apply to the tribunal for dispensation from consultation — commonly granted for genuine emergencies — but they must apply, and the tribunal may impose conditions.
What consultation does not give you. It is a right to be consulted, not a veto. Leaseholders cannot block works by objecting, and the landlord need only have regard to observations.
What you can do: respond within the deadlines in writing; nominate contractors; scrutinise the specification, since scope is where costs balloon; and challenge reasonableness of service charges at the First-tier Tribunal (Property Chamber), which is the real remedy.
Check your lease for how costs are apportioned.