Can a managing agent skip a Section 20 notice?

Can a managing agent skip a Section 20 notice?

Bank notes being passed between to hands, a yellow question mark and Section 20
12:01 AM, 25th April 2025, 12 months ago 4

I own a leasehold flat in a building with four flats. The managing agent for the Freeholder is useless yet is charging us around 25% per annum fees though they say they are not commission based.

The lease doesn’t specify a maximum cost, just allows for ‘reasonable’ expenses. I just got the latest fee account and see that some works were done on one of the flats, owing to external water ingress, which has now been addressed.

I knew she wanted to do some repairs and two of my contractors popped over to see it. The chosen contractor charged over £2000. I didn’t know the works had been done. As it was over £250 per leaseholder, surely we should have received a Section 20 Notice. I would have asked for a comparison of quotes.

I questioned the Managing Agent but they say they have complied. What should I do:
a) regarding the lack of Section 20 Notice
b) regarding their high annual service charge

Thank you for any advice,

Helen


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Comments

  • Member Since October 2022 - Comments: 409

    11:08 AM, 25th April 2025, About 12 months ago

    The water ingress repairs for one flat surely was covered by the block insurance or tenants own contents insurance depending on what caused the ingress and not allowable cost to service charge provided in your leases.

    Section 20 LTA 85 is consultation for major works affecting issues affecting all the flats eg if the roof is the problem causing water ingress not covered by block insurance rather than say a drainage pipe affecting that flat.

    Full details of Section 20 LTA 85 accessible via internet and Leasehold Advisory Service via internet.

  • Member Since May 2021 - Comments: 46

    4:57 PM, 26th April 2025, About 12 months ago

    Section 20 applies to major works over £250/unit or repairs costing over £100/ unit procured under a long-term qualifying agreement. Thus, on the face of it, Section 20 applies unless a waiver was received from the LVT/FTT.

    If the agent cant form, please take them to the FTT.

  • Member Since July 2013 - Comments: 1266 - Articles: 1

    9:40 AM, 27th April 2025, About 12 months ago

    They should charge a flat fee not a percentage according to RICS guidance which has statutory approval

  • Member Since December 2024 - Comments: 62

    9:57 AM, 28th April 2025, About 12 months ago

    The maximum allowable for the job before S20 would have been £1000 (IE. 4 x £250)

    As S20 was not carried out, you have effectively been overcharged £1000 so would be entitled to claim this back at the FTT.

    However, bear in mind you would have legal fees to pay, so you would have to judge whether it would be worth it unless you are satisfied with a pyrrhic victory.

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