Receiving a Section 20 major works notice can feel daunting — especially when the proposed costs are significant. But as a leaseholder in England or Wales, you have legal rights to scrutinise, question, and formally challenge the notice. Knowing how to challenge a Section 20 major works notice effectively can save you thousands of pounds and hold your landlord or freeholder to account.
Step 1: Submit Written Observations During the Consultation
The first opportunity to challenge a Section 20 notice is during the consultation process itself. When you receive the Notice of Intention (Stage 1), you have 30 days to submit written observations. Use this opportunity to:
- Question whether the works are genuinely necessary
- Raise concerns about the scope or specification of the works
- Nominate your own contractor — this is a powerful right that many leaseholders overlook. If you nominate a contractor and they submit a competitive quote, the landlord must seriously consider them
When the Notice of Proposals (Stage 2) arrives with contractor estimates, you can again submit observations — this time questioning whether the chosen contractor offers value for money.
Step 2: Apply to the First-tier Tribunal
If you believe the works are unnecessary, overpriced, or the consultation was not carried out properly, you can apply to the First-tier Tribunal (Property Chamber) to challenge the reasonableness of the costs. The Tribunal can:
- Reduce the amount you are required to pay
- Find that certain works were not reasonable and should not be charged to leaseholders
- Rule that the consultation process was defective
You can apply either before work begins (to challenge whether it should go ahead) or after work is complete (to challenge whether the costs were reasonable). The Tribunal is accessible and relatively informal — you do not need a lawyer, though professional support is often worthwhile for complex cases.
Step 3: Challenge a Defective Consultation Process
If your landlord failed to follow the correct Section 20 consultation procedure, this is itself grounds for challenge. A defective consultation can mean that the landlord is restricted in how much they can recover from leaseholders. Common procedural failures include:
- Failing to serve the Notice of Intention before work began
- Not allowing the full 30-day observation period
- Failing to obtain at least two estimates
- Not responding to leaseholder observations
- Starting works before the consultation was complete
If the landlord did not follow the proper process, they may only be able to recover £250 per leaseholder — regardless of the actual cost of the works.
Practical Tips for a Successful Challenge
- Act quickly. There are strict time limits for Tribunal applications. Do not wait until the bill arrives.
- Keep records. Document every piece of correspondence with your landlord or managing agent.
- Get an independent survey. A chartered surveyor can assess whether the works and costs are reasonable — this evidence carries significant weight at Tribunal.
- Join forces with other leaseholders. A collective challenge is far more effective than acting alone.
- Check your lease. Some leases have additional protections or requirements that go beyond the minimum legal standards.
Need help navigating a Section 20 notice? Contact us at section20.org.uk