Objections to Notice of Estimates for major works

I am a leaseholder and we have a Section 20 major works project with 2 plans, one of which is much cheaper.

It is not essential works either, but now we have a price. If a resident objects to the cost is that enough to stop the more expensive project? Am I right in saying this is based upon objections and not a voting ratio?

The managing agent have told us they will default to the expensive project (with higher fees) for any resident who does not respond. Many owners are absent so this is very convenient for them.

How may we block it and force a compromise with plan B, which also meets the residents needs but is cheaper?

Jon

Editors Notes:

Please see Leasehold Advisory Service >> Click Here

How many notices must be served?

Landlords may have to serve consultation notices on leaseholders at the following three stages in the process of awarding a contract:

• the pre-tender stage – notice of intention; and
• the tender stage – notification of landlord’s proposals (estimates); and
• in some cases, notice of reasons for awarding the contract.

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If there is a dispute about whether or not your landlord has acted in accordance with the Section 20 consultation process, where required to do so, the matter can be referred to the First-tier Tribunal (Property Chamber) for a determination. Please note that dispensation from the consultation process can be granted retrospectively by the Tribunal.

In cases where the landlord is not required to use the consultation process you still retain the right to challenge the costs if you feel they are unreasonable.

You may require the services of a solicitor, a surveyor or a managing agent.