You’ve just received a Section 20 consultation notice. Maybe it’s the first one — a Notice of Intention telling you about planned major works. Maybe it’s the second — a Notice of Proposal presenting quotes. Either way, before you do anything else, you need to know what rights you have. They’re more extensive than most leaseholders realise, and failing to exercise them properly can cost you.
Right 1: The Right to Nominate a Contractor
When you receive the Notice of Intention (the first Section 20 notice), you have the right to nominate a contractor whose quote the freeholder must seek. This is one of the most powerful — and least exercised — rights in the Section 20 process.
To exercise this right, you must nominate your contractor within 30 days of the Notice of Intention being served. The nomination should be in writing, clearly identifying the contractor and their contact details. The freeholder must then seek a quote from that contractor and include it in the Notice of Proposal alongside their other quotes.
Why does this matter? Because if your nominated contractor quotes £38,000 and the freeholder’s preferred contractor quotes £62,000, you now have a direct comparison that the freeholder must address. They can still choose the more expensive option — but they have to explain why, and that explanation will be scrutinised at any tribunal proceedings.
Right 2: The Right to Make Observations
When you receive the Notice of Proposal — which must contain at least two contractor quotes — you have 30 days to make written observations about those quotes. This is a formal right, not just an invitation to chat.
Your observations should be specific: “The scaffold specification appears excessive for the elevation area described,” or “The project management fee of 20% is above RICS guidance for contracts of this size.” Generic complaints (“it’s too expensive”) carry less weight than specific, evidenced concerns.
The freeholder must “have regard to” your observations — they must consider them, though they don’t have to follow them. But if they proceed without addressing your observations and you later take the matter to tribunal, the tribunal will want to know what they said in response.
Right 3: The Right to Request a Written Summary of Costs
Under Section 21 of the Landlord and Tenant Act 1985, you can request a written summary of the costs making up any service charge demand. This applies to major works contributions as much as routine service charges.
The summary must be provided within 21 days of your request. It should set out the total costs claimed and a breakdown of the principal items. If the total costs exceed £15,000 — which they typically will for major works in a block of flats — the summary must be certified by a qualified accountant.
Right 4: The Right to Inspect Supporting Documents
Under Section 22 of the Landlord and Tenant Act 1985, you can request to inspect the accounts, receipts, and other documents that support the service charge demand. This means you can see the actual contractor invoices, not just the summary figures your managing agent presents to you.
You can request to inspect these documents for up to six months after receiving the cost summary. The managing agent must make them available within 21 days of your request, at a reasonable time and place.
In practice, what you often find when you inspect the underlying invoices is instructive: figures that don’t quite match the demand, items included that weren’t in the specification, or invoice dates that raise questions about the timeline of works.
Right 5: The Right to Challenge at the First-tier Tribunal
If you believe your service charge — including your major works contribution — is unreasonable, you have the right to apply to the First-tier Tribunal (Property Chamber) for a determination of the reasonable amount. This right exists under Section 27A of the Landlord and Tenant Act 1985.
The tribunal can determine:
- Whether the service charge is payable at all
- Whether the amount demanded is reasonable
- Whether works were carried out to a reasonable standard
- Whether costs were reasonably incurred
You can apply before works begin, during works, or after — though there are time limits. Generally, you have 18 months from the date the charge was demanded to apply to the tribunal for a determination that it is unreasonable.
You do not need a solicitor. Application fees start at £100. And having a professional independent assessment of the costs is the single most effective piece of evidence you can bring.
One More Thing: Keep Records of Everything
From the moment you receive a Section 20 notice, keep copies of everything: the notices, your observations, any correspondence, any responses. If the matter goes to tribunal, a clear paper trail demonstrating what happened and when is invaluable. Courts and tribunals deal in evidence — your memory of what was said on a phone call is worth far less than a contemporaneous email.
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