Section 20 Notices

Question 1

What is a section 20 notice and when should the notice be served?

Answer 1

• Section 20 is a clause within the Landlord and Tenant Act 1985.
• A section 20 notice must be served when a Landlord intends to undertake works to a building where the contribution from any one residential tenant exceeds £250.00 or intends to undertake long-term agreement works where the contribution from any one tenant exceeds £100.00 in a financial year.

Question 2

Outline the different stages of the section 20 consultant process?

Answer 2

• Landlord serves a ‘notice of intention to carry out works’ of all tenants. Tenants are able to make written observations during the 30 day consultation period, including recommendations for contractors.
• Following expiration of the 30 day consultation period, the landlord should obtain at least two estimates (including an estimate from any tenant recommended contractors).
• The landlord serves a ‘statement of estimates’ which details the estimates obtained. Tenants are able to make written observations during an additional 30 day consultation period.
• Following expiration of the 30 day consultant period, the landlord serves a ‘notice of reasons’ which details reasons the lowest priced contractor was not selected (if applicable).

Question 3

What are the implications if a section 20 notice is not served or not served correctly?

Answer 3

• The maximum amount recoverable from any one tenant is £250.00 for major works or £100.00 for long- term agreement works.