Where major works will cost any leaseholder more than £250, the landlord has to consult properly first. If they did not, and the tribunal does not excuse it, they can recover £250 from each leaseholder and no more, whatever the work actually cost.
These are hard rules with dates attached rather than matters of opinion. This walks through them. Nothing is uploaded and it runs in your browser.
These do not depend on anything having gone wrong. They are rights every leaseholder has and most never use.
Knowing you have a point and being able to press it are different things. These challenges run for months, across letters, meetings and eventually a tribunal application, and the leaseholder who kept a dated record is the one who is believed.
It also works considerably better as a block than as one flat, and most people have no idea how to get their neighbours involved.
The Leasehold Advisory Service is funded by government and advises leaseholders free of charge at lease-advice.org. They will tell you whether an application is worth making, which is worth knowing before you pay anybody, including us. There are more free tools for homeowners here.
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This covers England and Wales and applies the Landlord and Tenant Act 1985 as amended. Scotland and Northern Ireland work differently. It is a way of working through published rules against your own dates, not legal advice, and whether any of it applies to your particular lease is a question for somebody who has read it. LEASE, the government funded Leasehold Advisory Service, advise leaseholders free of charge at lease-advice.org and are the right first call. Withholding payment without applying to the tribunal carries risk, including forfeiture in serious cases, so take advice before deciding not to pay.
A trigger calculator tells you whether consultation was required. A template letter gives you words to send. This takes the dates you actually have and checks them: whether the demand came more than eighteen months after the cost, whether each consultation stage gave you the full thirty days from service rather than from the date on the letter, and which grounds turn on a hard rule rather than an argument. Then it keeps the record as the challenge runs over months, tracks the charge year on year, and produces a page for your neighbours, because a block acting together carries far more weight than one flat.
Where qualifying works will cost any leaseholder more than two hundred and fifty pounds, consultation is required. If it did not happen or was defective, and the First-tier Tribunal does not grant dispensation, recovery is limited to two hundred and fifty pounds from each leaseholder regardless of what the works actually cost. On a twenty thousand pound bill that is the difference between most of it and almost none of it. The landlord has to prove they complied.
Yes, and it is the rule leaseholders most often do not know about. Under section 20B of the Landlord and Tenant Act 1985, costs incurred more than eighteen months before the demand arrives are not recoverable, unless within that eighteen months the leaseholder was notified in writing that the costs had been incurred and would be demanded. A bill arriving two years after the work, with nothing in between, is frequently unrecoverable in full.
No. Paying a service charge does not by itself amount to agreement or admission that it was payable. A leaseholder cannot challenge a charge they have expressly agreed, but simply having paid it is not that. This matters because many people assume paying closes the question and stop looking.
No. A term in a lease that tries to remove the tribunal jurisdiction over service charge disputes is void, with a narrow exception for arbitration agreed after a dispute has already arisen. The right to apply under section 27A cannot be signed away in advance, whatever the lease says.
Without one, a freeholder can add the legal costs of defending your challenge to the following year service charge, which means you can win and still pay. Asking for a section 20C order is one line in a tribunal application and leaving it out is the commonest mistake leaseholders make.