Major works: procedures in Mixed Use Developments

When carrying out major works, there are specific procedures that must be followed for residential property, that do not need to be followed for commercial property.

Landlords must ensure they follow the correct procedure for residential property otherwise it could cost them lots of money.

Major Works for Residential Property

Section 20 of the Landlord and Tenant Act 1985, advises that a landlord must serve a notice on a tenant of their intention to carry out major works, and it provides for consultation of the tenants.

When does a landlord need to consult a tenant and serve a Section 20 Notice? 

Before carrying out works where the tenant’s relevant contribution would be more than £250; or

When entering into qualifying long-term agreements relating to services that means the tenant’s relevant contribution would be more than £100 in any 12 month period.

What happens if you do not consult a tenant using a Section 20 Notice? 

The penalties for not consulting a tenant are severe.

A landlord who does not consult, or fails to consult properly, cannot charge the tenant for all of the costs incurred. This will be limited to £250 for works and £100 for qualifying long-term agreements. The landlord will have to pay for the other costs incurred.

For more information on Section 20 Notices, call our Dispute Resolution team on 01206 217335.