Q&As

In a mixed use building comprising a shop and two flats let on long leases, does the commercial tenant have the protection of the consultation procedure under section 20 of the Landlord and Tenant Act 1985?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 06/01/2017

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • In a mixed use building comprising a shop and two flats let on long leases, does the commercial tenant have the protection of the consultation procedure under section 20 of the Landlord and Tenant Act 1985?

In a mixed use building comprising a shop and two flats let on long leases, does the commercial tenant have the protection of the consultation procedure under section 20 of the Landlord and Tenant Act 1985?

Section 20 of the Landlord and Tenant Act 1985 (LTA 1985) contains mandatory consultation procedures which the landlord of a building must undertake when carrying out qualifying works or entering into a long-term agreement for the provision of services in respect of tenants paying variable service charges. LTA 1985 is supplemented by the provisions of the Service Charges (Consultation Requirements) (England) Regulations 2003, SI 2003/1987.

In short, consultation must be provided in respect of any works which will cost an individual leaseholder more than £250 or contracts for services lasting more than 12 months where the cost to an individual leaseholder is more than £100 per accounting period. A failure to comply with the consultation requirements means that the landlord cannot recover sums in excess of the relevant cap,

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