Skip to main content

Results for "major woorks"

Get in touch today

Call 01435 897297
Email info@kdllaw.com

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 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…

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,…

Is it possible to “contract-out” of a Section 20 consultation?

This week’s legal update focuses upon a topic that we are regularly being asked by managing agents, Landlords, Residents’ Management Companies (“RMCs”) and Right to Manage Companies (“RTMs”) tasked with undertaking major works projects. The question posed is whether, with the consent of the paying…

Getting your service charge demands right

It is a source of immense frustration for landlords, RMCs or RTM companies to be told that, because of some defect with the demands issued to a leaseholder, action cannot be taken to enforce a demand and recover payment from a defaulting leaseholder. This Legal Update is intended as an aide-mémoire…

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…

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…

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…

Changing tack - it does not always work in your favour!

As we all know, any leaseholder can make application under s.27A Landlord & Tenant Act 1985 to the Court or Tribunal for a determination as to whether a service charge is payable. There is, however, a caveat to that provision in the form of s.27A(4)(a) which prevents the application by the…

When should the Tribunal make a s.20C Order in relation to costs

Many (incorrectly) consider the First Tier Tribunal to be a ‘no costs’ jurisdiction and thus that no order will be made against them to pay the other sides costs - win or lose. Whilst the Tribunal can order that either party (landlord or leaseholder) must pay an amount of the costs incurred by the…

Dispensation from Section 20 Consultation - What is required to qualify as sufficient prejudice?

You will all no doubt be familiar with the obligation of a landlord/RMC/RTM to consult with leaseholders ahead of contracting for any major works or qualifying long term agreements, and will have seen our run of three articles here , here and here on the statutory processes to be followed to comply…

Where’s my notice?! Who should be consulted under Section 20 of the Landlord and Tenant Act 1985

This week’s Legal Update looks at a very important decision of the Upper Tribunal from 2016 that dealt with the question of who is to serve who with Section 20 consultation notices ahead of major works or entry into a qualifying long term agreement on a development that consists of leases and under…


Back to top