Received a Section 20 notice? A leaseholder checklist

Organise the notice, lease, estimates and technical questions before responding. Understand what an independent surveyor can review and when legal advice is needed.

A Section 20 notice can arrive before a leaseholder has seen the condition evidence or understands the proposed repair. Start by identifying what stage the document belongs to and how observations should be made. Then separate questions about the work from questions about the notice, lease and payment. This checklist helps organise an enquiry or response; it does not decide whether a particular notice is valid, whether a charge is payable or whether a dispute will succeed.

Keep the complete notice and identify its deadline

Save the notice, attachments, envelope or covering message and the date you received them. Record the stated response address and deadline. Do not substitute a generic internet timetable for the document in front of you. If the dates or procedure appear unclear, ask the landlord or agent for clarification and obtain appropriate legal advice promptly, retaining the exchange with your copy of the notice.

Identify whether the notice concerns an intention, estimates, an agreement or an award explanation. The familiar ordinary qualifying-works route is not the only procedure. A surveyor can help you understand a technical work description, but should not be asked to certify the legality of service from a partial screenshot. Send the complete document and say which part you need help understanding before commissioning a review.

Relate the proposal to the physical building

Locate the affected roof, elevation, access area or shared installation. Read the stated reason for the work and identify the condition records behind it. Note what you have observed personally, where and when, without treating an uninspected cause as established. Dated photographs and a short description of recurring symptoms can be more useful than a broad assertion that the whole scheme is unnecessary.

Ask whether the proposal is a repair, investigation, planned maintenance or improvement, and which questions remain open. A technical review should explain its inspection scope and any inaccessible areas. The fact that a defect is not visible from your flat does not prove it is absent elsewhere; equally, a general description of an old building does not prove that every proposed replacement is justified.

Read your contribution alongside the lease documents

Find the relevant service-charge and repairing provisions and the schedule used to calculate your share. Do not assume your liability follows a simple division by the number of flats. Identify separate schedules for parts of the building or estate and ask for clarification where the calculation cannot be traced. The current works threshold is more than £250 for a tenant's relevant contribution, but that amount does not determine all liability questions.

Keep the lease, notices and estimate together when seeking advice. A financial total may be based on a preliminary allowance rather than a settled contract amount. Ask which costs it covers and whether the figure is estimated or final. A surveyor's assessment of scope and price evidence is different from a legal interpretation of the lease or advice on responding to a demand for payment.

Make specific observations and retain their evidence

Relate each question to a work item, document or condition. You might ask which inspection supports a repair extent, how an alternative was assessed or whether an allowance includes access. Explain the evidence behind any suggested alternative and identify information you do not have. An observation that can be matched to a drawing, photograph or tender qualification is easier to answer than a general objection to expenditure.

For the applicable ordinary procedure, nominations and observations have defined roles. Follow the instructions and relevant dates in the notice, keeping copies and delivery records. Raising a question with a contractor on site or a neighbour is not the same as sending it to the stated recipient. Obtain legal advice where there is doubt about how to preserve your position; HCS does not prepare or serve statutory notices.

Compare estimates on their scope, not only their totals

Ask for the available estimates and supporting explanation through the stated inspection or information route. Look for exclusions, provisional items, access assumptions and differences in the work described. A lower total may not be a like-for-like alternative. Conversely, a recommendation should explain material differences rather than dismissing another estimate solely because a preferred contractor has worked at the property before.

If you propose an alternative contractor, keep the nomination and any response. The ordinary procedure requires attempts to obtain relevant nominated estimates, but nomination does not itself guarantee an appointment. The estimates and nominations guide describes that distinction. An independent technical review should state where the documents support a comparison and where missing information prevents a reliable conclusion.

If consultation was missed or the bill is disputed

Seek advice on the particular circumstances rather than assuming that a procedural problem automatically cancels a bill. A landlord may apply for dispensation, and questions about consultation, reasonable costs and the lease can require separate consideration. The dispensation evidence guide explains the technical record that may assist the appropriate adviser. It does not predict a tribunal decision.

Do not treat a request for a surveyor's report as advice to withhold payment or miss a legal deadline. Explain any demand, proceedings or response date at the outset and speak to the appropriate legal adviser about your position. Keep the original estimate, later demand and any reconciliation distinct. A discrepancy may require an explanation before it can sensibly be described as an overcharge.

Request an independent review with a clear question

The independent major works review enquiry needs the block address, parties, current stage and the technical issue you want assessed. Send the complete documents available and identify any missing material. Agree whether the proposed scope is a document review, inspection, comparison of estimates or another defined task, including the limits on access and information.

HCS must check conflicts before accepting an independent instruction. It will not act against its managing-agent client on the same block, and an enquiry does not establish an appointment. HCS supplies building-surveying evidence within the agreed role; statutory notices and legal advice remain with the relevant client and legal adviser. A clear scope gives you a report suited to the question without promising a particular saving or outcome.

Sources and further reading

Guide sources checked on 2 October 2026. Check current law and the documents for your instruction. This is general information, not legal advice.

Thresholds effective from 31 October 2003; statutory sources checked 1 October 2026. This source check is separate from the page’s human review date.

Discuss the technical information needed

Send the property, current stage and question for a scoped discussion and conflict check.

Discuss a major works brief
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Hampstead Chartered Surveyors & Building Consultancy

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