How to Read a Section 20 Notice (And What to Look For)

Receiving a Section 20 notice is a moment many leaseholders dread — a formal-looking document that seems to exist to tell you money is about to leave your bank account. But a Section 20 notice is also the starting point for your rights. If you know how to read it properly, you can quickly assess whether the consultation has been conducted correctly, what questions to ask, and what concerns to raise within the legal timeframe.

Here’s what each type of notice contains, what to look for, and what red flags to watch out for.

There Are Two Notices — Make Sure You Received Both

The Section 20 consultation process has two distinct stages, each with its own notice:

1. Notice of Intention (NOI): Served before quotes are obtained. Tells you about the proposed works and invites you to nominate a contractor and make observations.
2. Notice of Proposal (NOP): Served after quotes are obtained. Shows you the quotes and invites observations before the freeholder enters a contract.

If you’ve only received one notice, or you’re not sure whether you’ve received both, check the dates carefully. If the first notice you received already contains specific costs or contractor names, it may be a Notice of Proposal — meaning the Notice of Intention may have been missed or not properly served on you.

What the Notice of Intention Should Contain

Check your NOI against this list:

• A description of the proposed works (this can be brief at this stage)
• The reasons why the freeholder considers the works necessary
• An invitation to make observations within 30 days
• An invitation to nominate a contractor within 30 days
• Details of where a nominated contractor’s details should be sent

Red flags in the NOI:

• A response period of less than 30 days — the law requires 30 days
• No invitation to nominate a contractor — this must be included
• Served after works have already started — consultation must happen before the contract is awarded, not during or after works

What the Notice of Proposal Should Contain

The NOP is the more substantive document and the one most worth scrutinising carefully. It should contain:

• Details of at least two proposed works contractors
• The costs quoted by each contractor (or where these can be inspected)
• The name and address of any contractor nominated by a leaseholder, and the cost of their quote
• An invitation to make observations within 30 days
• A statement of where the estimates and supporting documents can be inspected

Red flags in the NOP:

• Only one quote listed — the minimum is two
• Quotes that are vague or lack a detailed breakdown — makes independent assessment very difficult
• Your nominated contractor’s quote is absent — if you nominated one in response to the NOI, it must be obtained and included
• A 30-day response period that has already passed when you received it — notice must be served so you have the full period to respond
• A pre-selected contractor already identified as the winner — the NOP should present quotes for your consideration, not announce a decision

Checking How Notices Were Served

Check your lease for the provisions on service of notices. Most leases specify how notices must be served — by first class post to the demised premises, by recorded delivery, or sometimes by personal service. If notices were served by email alone, and your lease requires postal service, service may be technically defective.

Keep records of when you received any notices and how they were delivered. This information can be important if the freeholder later seeks dispensation from the consultation requirements.

After Reading: What Actions to Take

If you’ve identified a defect in the consultation process:

1. Note it in writing, with dates
2. Make your observations in writing within the 30-day window (even if you also plan to raise the procedural failure)
3. Get professional advice on whether the defect is material

If the consultation appears technically correct but the quoted costs seem high:

1. Request the full priced schedules from all contractors
2. Get an independent assessment of whether the costs are reasonable
3. Submit observations citing specific concerns within the 30-day window

Remember: missing the 30-day observations window doesn’t stop you challenging at the First-tier Tribunal. But submitting observations creates a record and may produce useful responses from the freeholder before costs are incurred.

Think your bill might be inflated? Get an independent assessment from Section20.org.uk — 48-hour turnaround, fixed fee. Email info@rapidqs.uk, WhatsApp us at +44 7438 628277 (5-minute response guaranteed), or fill in our contact form at section20.org.uk