Landlords are routinely failing to hold out Part 20 consultations, the place landlords ought to seek the advice of leaseholders earlier than beginning main works.
The Leasehold Advisory Service (LEASE), a government-funded advisory physique offering trusted, discovered that almost a 3rd (31%) of enquiries raised considerations about landlords failing to observe the necessary Part 20 session course of, whereas one in seven (15%) associated to landlords searching for exemptions altogether, leaving leaseholders with little say or no say within the vital prices they should cowl.
Martin Boyd, chair of LEASE, mentioned: “Whereas landlords are purported to face penalties for not finishing a Part 20 session, a 2013 Supreme Court docket judgement made it simpler for landlords to keep away from consulting leaseholders earlier than main works and nonetheless make them pay.
“We imagine this judgement is being misused by landlords and driving these complaints from leaseholders. Leaseholders want extra energy to carry their landlords to account.”
Widespread further complaints embrace: Landlords obstructing leaseholders accessing info, utilizing the requirement for paperwork to be despatched as a tough copy by publish; intentionally imprecise descriptions of labor from freeholders, with catch-all phrasing getting used to incorporate all kinds of exercise and potential prices; and the availability of an amazing quantity of technical info, discouraging different suppliers and inhibiting leaseholders’ skill to scrutinise.
Whereas a lot of LEASE’s purchasers agree that Part 20 consultations present a helpful operate, the report additionally spotlights leaseholders’ considerations with the financial limits that set off the method.
The price of main works immediately doesn’t replicate the session thresholds set over 20 years in the past, which embrace £250 for one off works and £100 for ongoing providers.
That is rising the variety of consultations, which leaseholders describe as counterproductive and pointless.
LEASE advisable: rising financial session limits; Decreasing landlords’ skill to dispense of consultations and strengthening leaseholders’ energy to problem; and setting out clear requirements for info sharing and permitting for contemporary strategies of doc sharing.
Martin Boyd, chair of LEASE, mentioned: “Though leaseholders see the worth in a course of to seek the advice of them about main works on their property, it’s clear there are elementary points with the present session course of and plenty of landlords are appearing with impunity.
“With present laws favouring landlords and making it tough for leaseholders to problem those that impede or circumnavigate Part 20 consultations, leaseholders inform us they don’t really feel they’ve the facility or sources to dispute.
“The federal government wants to make sure the system is truthful for all events. We have now offered these insights to the federal government as a part of its present session on strengthening leaseholder protections on costs and providers.”
