As we begin rolling out the 2025/2026 planned works schedule and look to re-procure some of our contracts in areas such as responsive maintenance, you will start receiving Section 20 consultation notices from Hastoe. We understand these notices can be lengthy and complex, so we’ve created a dedicated page on our website to explain what a Section 20 consultation is and what it means for you.
What is a section 20 consultation?
A Section 20 consultation is a legal process in the UK under the Landlord and Tenant Act 1985. It requires landlords to consult homeowners before carrying out certain works or entering into long-term agreements that will be funded through service charges, where the works or long-term agreements will cost more than certain thresholds. This process ensures transparency and gives homeowners a chance to provide input or nominate contractors.
What are the types of consultations?
There are three key categories under Section 20:
- Qualifying Works: These are major works (e.g. roof repairs or external decorations) where any homeowner is expected to contribute more than £250.
- Qualifying Long-Term Agreements (QLTAs): These are contracts lasting more than 12 months (e.g. cleaning, maintenance or management services) where any homeowner may pay over £100 per year for that service. Consultation is required before entering such agreements.
- Qualifying Works under a QLTA: If major works are carried out under an existing QLTA and exceed £250 per homeowner, a separate consultation is still required, though the process is abridged to only one notice.
At times, especially during our busy periods, you may receive a few consultation letters. For example, you may receive a Section 20 Qualifying Works relating to major works or planned maintenance and then another one for Qualifying Long Term Agreements for a new grounds maintenance contractor. We do try to avoid residents getting multiple notices.
The consultation process generally involves three notices:
- Notice of Intention (NOI): This informs homeowners of the proposed works or agreement, invites observations and allows them to nominate contractors (unless the works or services are above the public procurement thresholds). It must allow at least 30 days for responses.
- Notice of Estimates (NOE): Issued after obtaining 2 or more estimates from relevant contractors, this notice provides details of the proposals and invites further observations within another 30-day period.
- Notice of Award of Contract: Sent after selecting a contractor, this notice explains the decision to award the contract. This is only usually required if the chosen contractor wasn’t the cheapest, or if homeowners nominated a contractor that we did not select.
During the Notice of Intention or Notice of Estimates stage, homeowners can submit observations (written comments or objections) and nominations (suggestions of alternative contractors). The observation period is the 30-day window during which these responses must be submitted. Landlords must consider all observations and provide a summary in the next stage of the process.
Frequently asked questions
Why have I received a notice?
As a homeowner, you would have received a notice as it directly affects your property, block or communal area.
What do I need to do?
If you have no observations or nominations, you do not have to do anything.
Can I opt out of a section 20 consultation?
No. Unfortunately as per the terms of your lease, you are responsible to pay for your portion of the cost of works to your building or estate, in line with the percentage shown in your lease.
Do I need to appoint a solicitor?
Hastoe do not specifically require you to appoint a solicitor. If you feel unsure about what a section 20 consultation is and what your rights are as a homeowner, you should evaluate if you would like any legal advice. There is information regarding section 20 consultations on the Leasehold Advisory Service and legislation.gov.uk.
