Responding to a notice of intention

To start the Section 20 consultation process for major works (qualifying works) or qualifying long-term agreements, your landlord must send each leaseholder and any recognised tenants’ association a document called a notice of intention.

This tells you about the work they intend to do or the agreement they propose, and the reasons for it.

This notice must:

• describe the works or services to be provided, or give a reasonable place and time where you can see a description free of charge
• give the landlord’s reasons why they think the works or agreement are needed
• give the deadline to make comments (written observations), which must be 30 days from the date of the notice, and tell you where to send them
• explain that you have the right to nominate a contractor who you want to be invited to tender for the work, and you have 30 days to make a nomination (unless you have a public sector landlord and they advertise the contract publicly)

See an example for private sector landlords of:

• a notice of intention to carry out work
• a notice of proposals to enter into a long-term agreement

See an example for public sector landlords of:

• a notice of intention to carry out work where public notice is not needed
• a notice of intention to carry out work where public notice is needed
• a notice of proposals to enter into a long-term agreement where public notice is not needed
• a notice of proposals to enter into a long-term agreement where public notice is needed

You have 30 days from the date of the notice to reply in writing with your comments or objections. These are called your observations.

For example, you could:

• ask questions about the work and what will be included
• ask for more details if you think the information in the notice is unclear or incomplete
• challenge the need for the work if you do not think it’s necessary
• ask about whether a reserve fund or sinking fund can be used to cover the cost
• suggest other ways of doing the work

If you have concerns about the planned work, you might want to get advice from a professional to help you respond. For example you could speak to a solicitor about your rights, or ask a surveyor or builder for advice about whether the work is necessary.

You do not have to respond, but it’s a good idea to send observations if you have any concerns.

The notice of intention will tell you whether you can nominate a contractor who you would like to do the work or services. You will not be able to nominate a contractor if you have a public sector landlord and they need to advertise the contract by giving a public notice.

To nominate a contractor, send their details in writing to the address given in the notice, within 30 days.

You could speak to some contractors first to get their advice on the work or services and the costs they would expect to charge, before deciding which one to nominate.

The notice should explain any criteria your landlord will use to choose the contractor, for example if they must have certain types of insurance, certificates or policies.

Your landlord must consider all the comments (observations) they receive, within 21 days. They do not have to reply to you individually, but they must provide a summary of the comments and their response as part of the next stage.

They do not have to have a discussion with you about your comments. But if you think they have not properly considered your comments, you could challenge them at a tribunal. They would need to show the tribunal that they had considered all the comments and had good reasons for not following your suggestions.

If any of the leaseholders or the recognised tenants’ association have nominated a contractor, the landlord must try to get an estimate from:

• at least one contractor nominated by a recognised tenants’ association
• at least one contractor nominated by leaseholders

If the leaseholders have nominated more than one contractor, the landlord must try to get an estimate from the contractor with the most nominations. If several contractors have the same number of nominations, the landlord can try to get an estimate from any of the contractors with the most nominations.