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If you own a leasehold property, you usually have the right to be consulted about service charges for certain types of building work and services. Find out when landlords need to consult you, the steps involved and where to get help and advice.
If you own a leasehold property, you usually have to pay a service charge towards the cost of maintaining or running the property. For example, for repairs and improvements or services and goods like lift maintenance, cleaning and gardening.
Your landlord (or their managing agent) should consult you if you're expected to pay more than:
There are steps landlords need to follow when they consult you, known as a ‘Section 20' consultation. These steps makes sure you can:
If the landlord hasn’t consulted you and you receive a bill for the works or services, you won’t have to pay more than:
There are times when your landlord doesn’t have to consult you, for example, if a safety issue needs to be fixed immediately. They need to get permission not to consult you from the Leasehold Valuation Tribunal. This is an independent legal body that can settle certain types of leasehold dispute.
Download the guide ‘Section 20 consultations’ for more detail about these exceptions.
If you don’t pay a charge you’re responsible for, your landlord might take you to court to recover the money. To settle the dispute, you could:
You can appeal to the LVT about the reasonableness of a charge, the standard of work it relates to and your ‘liability’ (if you should be paying it at all). The LVT can:
You can’t appeal to the LVT if you’ve agreed to pay the charge or the dispute has already been dealt with, for example, by the court.
It can take a number of months to complete a consultation. The basic steps are shown below. Download the guide ‘Section 20 consultations’ for more detail, for example, when the landlord has to get an estimate from a contractor you suggested.
The landlord will tell you about the works or services and why they are needed. This is called a ‘Notice of Intention’.
You have 30 days to write to your landlord with any comments on this and/or suggest contractors.
The landlord will send you a ‘Notice of Estimates’. This document should:
You have 30 days to write to your landlord with any comments on this. You can also ask to see all the estimates (there is no cost for this service).
The landlord will send you a ‘Notice of Award’ 21 days after the contract has been awarded. This document should:
If the landlord is using the contractor with the lowest estimate or one that you’ve suggested, they don’t have to send a Notice of Award.
For free help and advice about Section 20 consultations or service charges contact the Leasehold Advisory Service or Citizens Advice. A solicitor can help, but they might charge a fee.