Question 1

Section 20

Accepted Answer

Q: Can a Section 20 Consultation process be replaced by raising a matter at the AGM? After all, we are asking the shareholders in the most direct way, ie face-to-face. It's a matter of redecoration of a part of our building. While not a big project, it will probably just push over the £250 per flat limit, and as we have our AGM shortly, we were wondering if we can skip S20 by putting our plans to shareholders at the meeting instead to save a bit of time and admin effort? FPRA Committee Member Shaun O’Sullivan replies: I would, without question, advise you to adhere strictly to the statutory requirements outlined in Section 20 of the Landlord & Tenant Act 1985 (as amended). It’s always helpful to communicate openly and early with leaseholders about your plans as, in my experience, this can help resolve any issues they might have in advance of the formal serving of the Notice of Intention and cause the S20 exercise to run smoothly; whilst your AGM might be the perfect forum for that it should certainly not be seen as an alternative to S20. Provided, as seems to be the case, that all leaseholders are supportive of the planned work, the S20 should not be administratively burdensome. In case you are not aware, templates of appropriate Notices can be found at http://www.lease-advice.org/advice-guide/section-20-consultation-for-private-landlords-resident-management-companies-and-their-agents/ In my own block we simply keep digital copies of the templates and cut and paste them as necessary to suit circumstances and e-mail them out as and when required. If the redecoration didn’t turn out as expected / if costs escalated and someone mounted a challenge the directors could find themselves in dire straits if S20 processes had not been followed. ,

Question 2

Section 20

Accepted Answer

Q: Can a Section 20 Consultation process be replaced by raising a matter at the AGM? After all, we are asking the shareholders in the most direct way, ie face-to-face. It's a matter of redecoration of a part of our building. While not a big project, it will probably just push over the £250 per flat limit, and as we have our AGM shortly, we were wondering if we can skip S20 by putting our plans to shareholders at the meeting instead to save a bit of time and admin effort? FPRA Committee Member Shaun O’Sullivan replies: I would, without question, advise you to adhere strictly to the statutory requirements outlined in Section 20 of the Landlord & Tenant Act 1985 (as amended). It’s always helpful to communicate openly and early with leaseholders about your plans as, in my experience, this can help resolve any issues they might have in advance of the formal serving of the Notice of Intention and cause the S20 exercise to run smoothly; whilst your AGM might be the perfect forum for that it should certainly not be seen as an alternative to S20. Provided, as seems to be the case, that all leaseholders are supportive of the planned work, the S20 should not be administratively burdensome. In case you are not aware, templates of appropriate Notices can be found at http://www.lease-advice.org/advice-guide/section-20-consultation-for-private-landlords-resident-management-companies-and-their-agents/ In my own block we simply keep digital copies of the templates and cut and paste them as necessary to suit circumstances and e-mail them out as and when required. If the redecoration didn’t turn out as expected / if costs escalated and someone mounted a challenge the directors could find themselves in dire straits if S20 processes had not been followed. ,

Section 20

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