Section 20 - Consulting you about services and works
As your landlord, whenever we’re looking to introduce a new service, make changes to a current one, or carry out works which require you to contribute towards through your service charges, by law, we have to consult with you. The law has specific rules about the information we must give you, as well as inviting you to give feedback or ask questions. In some cases, we’ll also invite you to nominate a contractor for us to approach.
Section 20 is the term used for consultation, as this is the section of the Landlord and Tenant Act 1985, which sets out the legal requirements. There are also regulations setting out all the specific rules we must follow.
A consultation can take several months, as the process has a number of stages, including writing to you and giving you time to comment, going out to tender where we invite contractors to bid for the contract, evaluating the bids and choosing a contractor, and writing to you again.
Stage 1— Notice of Intention
The first time we’ll write to you is to let you know that we intend to enter into a new contract – this is stage one and known as a notice of intention. In the letter, we’ll tell you which contract we’re looking to enter into a new contract with and when. We'll also give you some time to make comments about our proposal. If we can, we’ll invite you to nominate a contractor for us to approach.
We won’t always be able to offer you the opportunity to nominate a contractor because the law requires contracts and works over certain values to be procured by public notice. The notice will say if you can nominate a contractor, and if not why not. Where we can offer you that opportunity, we’ll approach the contractor with the most nominations asking them if they want to tender for the contract or works.
Stage 2 — Notice of Estimates/Proposals
The next time we’ll write to you is to tell you of our preferred contractor – this is stage two and known as a notice of estimates or notice of proposals. This happens after the first stage has ended and we’ve completed the tender process. In the letter, we’ll tell you who our preferred contractor is and why, and again give you some time to make comments. If we invited nominations, we’ll provide you with details of at least two proposals.
Stage 3 — Notice of Award
In some cases, we may write to you again, with a stage three notice of award – this will be when the contract has been awarded to a contractor that did not submit the lowest bid, and we’ll explain our reasons for doing so.
If you’d like to make comments or ask questions, after receiving a stage one notice of intention or a stage two notice of estimates, this must be done in writing (this is what the law says) and we must receive this by the date given in the notice. Please refer to the notice for details of the person to whom you should address your comments and how you can send them to us.
You don't have to do anything in response to a section 20 notice, if you don’t want to and, it’s not a request for payment.
Please see the Frequently Asked Questions below which you may find useful.
