Section 20 consultations insight report: summary

The Leasehold Advisory Service (LEASE) is a non-departmental public body that provides free legal advice for residential leaseholders in England and Wales. We support over 20,000 leaseholders each year who approach us with queries about their properties.

As such, we are uniquely placed to understand leaseholders’ concerns. We aim to be an authoritative and influential voice on the leasehold experience for government and other stakeholders in the leasehold and commonhold sector, such as policymakers, parliamentarians, campaigners and other relevant bodies.

This report is the first in a series of insight reports that share the experiences of the consumers who contact LEASE for advice. Drawing on our enquiry data, legal expertise and consumer research, these reports highlight the issues leaseholders face, where they need support, and what their experiences can tell us about how the leasehold system operates in practice.

This report focuses on Section 20 consultations, which are the statutory consultation process landlords must follow before carrying out major works or entering into certain long-term agreements where costs will be passed on to leaseholders. Section 20 is one of the most common issues raised through LEASE’s advice services and is closely linked to wider concerns about service charges, major works and building management.

The report combines:

• analysis of thousands of enquiries received through LEASE’s direct advice services
• insights from LEASE legal advisers who regularly provide advice on Section 20 consultations
• qualitative research interviews from a small number of leaseholders to better understand the experiences behind the enquiries
• review of relevant legislation, case law and existing evidence

As with all research and analysis, there are limitations that mean the findings should be treated as indicative rather than exhaustive. The report reflects the experiences of leaseholders who have sought advice from our service and cannot be assumed to represent the experiences of all leaseholders who have been involved in a Section 20 consultation.

Section 20 consultations are a significant area of demand for LEASE’s services. In 2024/25, LEASE received almost 2,500 direct advice enquiries relating to Section 20 consultations, representing 9% of all enquiries and making it one of the 5 most common topics consumers contact us about.

Many leaseholders recognise the value of Section 20 consultations as a mechanism that provides information about major works and an opportunity to have their views considered. However, they report a number of challenges when engaging with the process.

A recurring concern relates to the dispensation process, where landlords can seek permission to proceed without completing a full consultation. Some leaseholders feel that the current legal framework makes it difficult to challenge failures to consult, particularly following developments in case law that require leaseholders to demonstrate that they have lost money or rights (known as “relevant prejudice”).

Leaseholders also report difficulties accessing information during consultations. Some feel that descriptions of proposed works are not detailed enough, while others experience delays in getting supporting documents. Conversely, some leaseholders report receiving large volumes of complex technical information that can be difficult to understand and scrutinise effectively.

Many concerns relate to communication, transparency and the practical ability of leaseholders to influence decisions. Leaseholders often describe consultations as procedural exercises rather than meaningful opportunities to engage with the decisions affecting their homes.

The report also highlights concerns that the financial thresholds triggering Section 20 consultations have not been updated since 2003. Some leaseholders believe this means consultations are now needed for a wider range of relatively minor works, creating additional administration and delays while offering limited practical benefit.

The report suggests that the existence of a formal mechanism requiring leaseholders to be informed and consulted before works affecting their property take place remains an important protection. However, the current Section 20 process was introduced in 2003, and a number of issues have since emerged that limit its effectiveness for leaseholders.

The decision in Daejan v Benson has fundamentally changed how dispensation operates and, in turn, how leaseholders experience the consultation process. The requirement to demonstrate prejudice may make leaseholders less likely to challenge failures to consult, and those who do seek to challenge can find it difficult to provide the evidence they would need to support their case.

The consultation process can also be difficult for leaseholders to engage with. The amount of information provided and how technically complex it is varies significantly, while getting the documentation needed to scrutinise proposed works can be challenging. Leaseholders would benefit from a simplified process, clearer standards for the information that should be provided, and better use of modern technology to share documents.

The report also highlights that the £100 and £250 financial thresholds have not changed since 2003. If indexed to inflation, they would now be around £180 and £450. As a result, consultation requirements now capture a wider range of smaller works than originally intended, creating bureaucracy where the practical benefit for leaseholders may be limited.