Section 20 consultation. The three stages, the thresholds and what a defective notice looks like.

Guide by Damion Robinson MCIOB MCIEH. Law and figures checked 01/10/2026. This is general information, not legal advice about your case.

When it applies

Section 20 of the Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003. Qualifying works are those that would cost any one leaseholder more than £250. A qualifying long-term agreement is a contract for more than 12 months that would cost any one leaseholder more than £100 in a year. The threshold is per leaseholder, so a block of 56 flats hits it at works of around £14,000.

The stages for works

1. Notice of intention. Describes the works in general terms, explains why, invites written observations within 30 days, and invites you to nominate a contractor. If there’s a recognised tenants’ association, it’s served on that too.
2. Notice of estimates. At least two estimates, one from a contractor wholly unconnected with the landlord, with a summary of any observations received and the landlord’s response. Another 30 days for observations. The estimates must be available to inspect.
3. Notice of award. Within 21 days of entering the contract, if it’s not with the lowest estimate or a nominated contractor, a statement of reasons.

Where the works are under a qualifying long-term agreement, the stages differ and there’s often a separate consultation on the agreement itself. Where a public procurement notice was required, the process changes again. The regulations set out each variant in a schedule and the landlord has to follow the right one.

What happens when it’s not followed

Each leaseholder’s contribution is capped at £250 for works or £100 a year for an agreement unless the tribunal grants dispensation under section 20ZA. The Supreme Court in Daejan v Benson in 2013 made dispensation easier to get where the leaseholder can’t show real prejudice from the failure, and harder where they can. So the argument isn’t just “the notice was wrong”, it’s “the notice was wrong and here’s what we lost because of it”. A missed chance to nominate a cheaper contractor, or to point out that the specification was excessive, is the kind of prejudice that counts.

What to check on the notice

• Is it addressed to the right leaseholder at the right address? A notice to the wrong flat number or an old address is a service point.
• Does the description of works let you understand what’s proposed? “Roof works” isn’t enough. “Replacement of the flat roof covering to block B” is.
• Are the reasons given? The regulations require them.
• Is the 30-day period stated and correct?
• Do the estimates relate to the works described in the first notice, or has the scope grown between stages?
• Is the landlord’s response to your observations a response, or a form of words?

The response to a notice is written, within the 30 days, and asks the questions the landlord should have answered. A well-drafted set of observations is the foundation of any later section 27A application, because it shows what you told the landlord at the time.

Related guides

• Challenging a service charge demand. The tests, the time limits and the documents to ask for.
• Applying to the First-tier Tribunal. Section 27A, section 20C and what the pack has to contain.
• Forming a Recognised Tenants’ Association. The rights it gives you and how to get recognised.

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