When your landlord or freeholder proposes major works to your building, it can feel like something being done to you rather than with you. But the law gives leaseholders meaningful rights throughout this process — rights that, if exercised properly, can protect you from unfair costs, poor quality work, and unaccountable decision-making. Here is what you need to know about your leaseholder rights in major works situations.
The Right to Be Consulted
Under the Landlord and Tenant Act 1985, your landlord must consult you before carrying out major works where your contribution will exceed £250. This consultation — known as the Section 20 process — is not optional. It must be completed before work begins, and it gives you a formal opportunity to:
- Be informed of the proposed works
- Submit written observations at two separate stages
- Have your observations considered by the landlord
If the landlord fails to consult properly, they may be limited to recovering only £250 from you — no matter what the work actually cost.
The Right to Nominate a Contractor
One of the most underused leaseholder rights is the right to nominate a contractor at Stage 1 of the consultation. You can suggest a contractor you believe will carry out the works to a good standard at a fair price. The landlord must obtain a quote from your nominated contractor and must include that quote in the Stage 2 Notice of Proposals.
If your nominated contractor offers the best value, the landlord will need a good reason not to appoint them. This is a genuine lever — use it.
The Right to Challenge Costs at the Tribunal
Even after works are complete and a bill has been issued, you retain the right to challenge whether the costs were reasonable. You can apply to the First-tier Tribunal (Property Chamber) to have costs assessed. The Tribunal can:
- Determine whether specific costs were reasonable
- Reduce the amount you are required to pay
- Find that certain elements of the works should not have been charged to leaseholders at all
Importantly, there is no fee to apply to the Tribunal for a service charge dispute, and you can represent yourself — though professional support from a surveyor or specialist is often advisable.
The Right to Withhold Payment Pending a Dispute
Under the Landlord and Tenant Act 1985, you are not obliged to pay a service charge that is in dispute — provided the dispute has been referred to the Tribunal or is subject to a formal challenge. However, you should take legal advice before withholding payment, as the rules around this are specific and getting it wrong can result in forfeiture proceedings being threatened.
The Right to a Recognised Tenants Association
If enough leaseholders in your building want to organise, you can apply for recognition as a Recognised Tenants Association (RTA). An RTA has additional rights in the consultation process, including the right to be consulted separately and to inspect documents. Forming an RTA strengthens your collective position significantly.
What to Do If Your Rights Are Being Ignored
If your landlord is not respecting your rights, you have several options:
- Write formally to the landlord or managing agent citing the specific legal requirement
- Refer the matter to the First-tier Tribunal
- Report persistent breaches to the Property Ombudsman (if the managing agent is a member)
- Seek specialist legal advice
Need help navigating a Section 20 notice? Contact us at section20.org.uk