Q&As

Where a notice under section 20 of the Landlord and Tenant Act 1985 has been properly served and the property is sold before demand for charges incurred pursuant to the notice has been made, does the section 20 notice apply to the new owner or must a new notice be served?

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Published on LexisPSL on 16/03/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where a notice under section 20 of the Landlord and Tenant Act 1985 has been properly served and the property is sold before demand for charges incurred pursuant to the notice has been made, does the section 20 notice apply to the new owner or must a new notice be served?

Where a notice under section 20 of the Landlord and Tenant Act 1985 has been properly served and the property is sold before demand for charges incurred pursuant to the notice has been made, does the section 20 notice apply to the new owner or must a new notice be served?

This question raises the need of a landlord of residential premises to consult with tenants prior to carrying out certain types of work and collecting the cost of doing so through a service charge. The requirement is contained in the Landlord and Tenant Act 1985 (LTA 1985) and the Service Charges (Consultation Requirements) (England) Regulations 2003 (the Regulations), SI 2003/1987.

For these purposes, a service charge is an amount payable by a tenant directly or indirectly for services, repairs, maintenance, improvements or insurance or the landlord’s costs of management, which varies according to the costs incurred by the landlord. Where work is to be carried out by a landlord, the liability of the tenant to contribute through the service charge provision to the costs is limited to £250 unless the consultation requirements are met. It follows therefore that if there are five tenants in a block, each with an equal liability to contribute through their respective service charge, if the landlord wishes to recover more than £1,250 from them to meet costs incurred in works,

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