The term ‘Major Works’ is used to refer to large one-off projects that arise during the course of Block Management. These are works of substantial expenditure such as external painting, window replacements or roof repairs that do not necessarily reoccur every year. The recovery of this type of expenditure is subject to additional legislative control, the breach of which can place limits on the amount which can be recovered through the Service Charge. As such, it is vital that Block Managers comply with the complex procedures required under Section 20 of the Landlord and Tenant Act 1985.
Scott Cohen Solicitors has significant experience with Section 20 and its requirements and can provide useful advice on the effectiveness of a consultation process undertaken by a client. This includes:
- Identification of works which fall subject to the Section 20 regime.
- Review of the necessary parties entitled to receipt of consultation notices, including the position of any intermediary Landlords, Sub-tenants and third parties.
- Review of the content of the Notices.
- Advice on relevant timeframe requirements and procedural steps required to conclude effective consultation.
- Advice on the impact of unforeseen developments upon the consultation process and how to navigate such developments.
- Advice on the obligations in responding to and dealing with Leaseholder observations.
Block Managers may opt to resolve issues of dispute prior to incurring costs. Scott Cohen Solicitors can assist in the preparation and conduct of First Tier Tribunal (FTT) Applications, which can assist in reducing the risks involved in the commitment of substantial expenditure. This allows Block Managers to proceed with the works, confident in the knowledge that they can recoup their expenditure through the Service Charge. Scott Cohen Solicitors has extensive experience in applications of this nature. For further information on our FTT application services, visit our First Tier Tribunal page.
In the event that Managers need to carry out Emergency Work or other works which reasonably require foregoing the consultation process, Scott Cohen can assist to mitigate the risks involved through assistance with applications for dispensation at the FTT. Scott Cohen can also provide such services in cases of breach. In such applications, Block Managers can ask the FTT for dispensation from compliance with Section 20, which effectively dispenses with the need to undertake formal consultation so as to not trigger the Recovery caps.
Our experience in these matters allows us to readily identify the evidence required to successfully progress a client’s case and manage the process in a cost-effective manner. Scott Cohen’s background in all areas of Service Charge advice and Recovery means that we can provide practical, and concise advice on the Recovery of monies comprised in a Service Charge, including those which arise from Major Works under Section 20. For more information on our Service Charge Arrears Recovery services, see our Rent & Service Charge Recovery page.
Related Services
