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Dispensation from Major Works Section 20 consultation

In our April 2019 Legal Update “ Should Landlords/Managing Agents serve Section 20 Notice on Lessees in breach?”( see here ), we gave information on whether Landlords should serve a Section 20 Notice on any Leaseholder who was in breach of the terms of their lease, be that for unpaid charges or…

When should you demand for major works costs?

As you will no doubt know, major works projects to a development will, in many cases, amount to ‘Qualifying Works’ as defined under section 20 Landlord and Tenant Act 1985 (“S.20”) and thus be subject to the need for compliance with the S.20 consultation process prior to their commencement. The…

Section 20 Series (Part 3) - Major Works under a Qualifying Long Term Agreement

This Legal Update is the third and final in our Section 20 series, providing a summary of the statutory consultation requirements in relation to Major Works carried out under a Qualifying Long Term Agreement (“QLTA”) . It is concerned with landlords, RMCs and RTM companies in the private sector,…

Section 20 Series (Part 1) - Major Works

This Legal Update is Part One of several parts to be provided over the next few weeks providing a summary of the statutory consultation requirements in relation to Major Works . It is concerned with landlords, RMCs and RTM companies in the private sector, and does not cover the public procurement…

If the specification changes on a major works project - when do you have to re-consult?

This is a frequent issue. A landlord or management company embarks upon a course of works, having undergone the statutory consultation procedure, to discover once the works have commenced that the specification will need to change and, often, the costs increased from those initially consulted upon.…

Do you need to re-consult if you change contractor midway through major works?

It is, sadly, all too common that major works projects change once commenced or, as in the case in this Legal Update, the chosen contractor goes off job and a new contractor needs to be found to finish the job. In such circumstances do you need to re-consult? This question was considered in the…

When can works be charged to Leaseholders?

Landlords and Management Companies alike need to be very careful when it comes to commencing major works on a building or development. There are multiple aspects that a Landlord or Management Company needs to consider before electing to undertake works (particularly major works), demanding the…

When does a leaseholder have to pay for improvements?

Carrying out major works on a property or development is often followed by some sort of a disagreement from one or more property owners who have an obligation to contribute to such works. This can lead to a delay in the works starting due to the dispute itself, or because a property owner refuses…

Government ban on combustible materials for high-rise residential homes

Over six months after Dame Judith Hackitt concluded her review on Building Regulations and Fire Safety in the wake of the Grenfell Tower tragedy, Regulations have been introduced by the Government to ban combustible cladding for certain high-rise residential buildings. What premises do the…

Service of Notices - Some Considerations

Every now and then, and frequently in the property world, there will be a requirement for the service of a formal notice on a party with whom you are dealing. Whether that is to terminate a residential tenancy or to consult with a long leaseholder on a proposed major works project, the need to…

New Regulations for Recognised Tenants’ Associations

New regulations have been issued by the Government concerning the criteria required in order for Tenants’ Associations to become formally recognised. These regulations are called The Tenants’ Associations (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018…

Should Landlords/Managing Agents serve Section 20 Notice on Lessees in breach?

We are commonly asked by our clients and their managing agents, if the Landlord should serve a Section 20 Notice on any Lessee whose arrears (or other non-monetary matter) are currently with legal advisers and are as yet to be concluded. You are probably already aware that if the Landlord fails to…