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What our customers are asking:

What is the consultation period for Section 20?

Stages 1 and 2 each provide 30 days for consultation and invite service charge payers to provide observations.

What are the 3 Notices called?

Stage 1 – Notice of intention. This notifies service charge payers of the planned works.Stage 2 – Notice of Estimates. This sets out quotations obtained for the work.Stage 3 – Notice of Reasons.  If the contractor chosen was not the cheapest or is more expensive...

What works does Section 20 cover?

Think practical works:  Examples could include:building repairs and maintenance and also maintenance to installed plant and equipment. Works would not include cleaning, gardening or legal advice.

Does a Section 20 apply to all works?

No.Only when a service charge payer would have to contribute £250 or more.

What does a Section 20 Notice do?

Essentially Section 20 Notices aim to service charge payer’s reasonable consultation. For “works” there are up to 3 notices.  Step 1 invites consultations about proposed expenditure from service charge payers and allows them to nominate a contractor.  Step ...

What is ‘Section 20’?

Section 20 refers to Section 20 of the Landlord & Tenant Act 1985 (as amended by the Commonhold & Leasehold Reform Act 2002)

What if the defaulting tenant lives outside the UK?

Our legal Team may be able to secure UK jurisdiction. Good management of ownership registers would seek a service charge deposit from an overseas buyer.

What if the defaulting tenant lives outside the EU?

Usually jurisdiction is allowed in the country of residence of the defaulting Tenant. However, if our legal team is able to serve the Defaulting Tenant while they are in the UK we will do so. The alternative is to apply for special jurisdiction which would be time-co...

Who can have claims brought against them?

Claims can be brought against manufacturers of construction products, and all other economic operators (e.g. distributors) in the supply and marketing of construction products. It will depend on which party is responsible for the product being mis-sold, inherently de...

Who can bring a claim under this cause of action?

Damages can be claimed by any person who has suffered a loss as a result of a dwelling being ‘unfit for habitation’. Developers can also recover a contribution under this cause of action from construction product manufacturers, for example if they were sued under the...

What damages can be recovered?

Persons will be able to recover damages for physical damage (including injury and damage to property) as well as economic losses.

New Construction Product Course of Action Background The government has made it clear that those who have been responsible and continue to be responsible for building safety defects have a responsibility to rectify. There are currently almost no routes which allow construction product manufacturers to be held accountable for their role in the creation of building safety risks that cause or contribute to a dwelling being unfit for habitation. What are we going to do?

We are introducing a new course of action that will enable claims to be brought against construction product manufacturers and sellers for their role in causing problems associated with building safety. It will apply if a product has been mis-sold, is found to be inh...

How is associated company being defined?

A company is associated with another company if one of them controls the other (parent companies) or if both are controlled by a third company (sister companies).

Which liabilities could a Building Liability Order be applied to?

A claimant can request a Building Liability Order when a claim is made under the Defective Premises Act 1972, section 38 of the Building Act 1984 or any other claim which is incurred as a result of a risk from fire spread or structural failure.

Building Liability Orders Background It is common practice that property developers set up a subsidiary company with very few assets to own and manage an individual development, and then be wound down once the development is completed. This practice can be used to secure investment in a project, in a long run it can also leave the developer group with no long-term civil liability. Given the current situation, Government has decided to intervene to help those affected find fair redress for building safety issues. What are we going to do?

The Building Safety Bill will grant a power to the High Courts which allows them to extend specific liabilities for one company to any other associated companies and make them jointly and severally liable, should the High Court considers it just and equitable to do s...

What are the Notice periods for a 'Payless Notice' in a JCT Construction contract

A Payless Notice is a method under a JCT Construction contract to deal with quality of works or if you as the Client believe the Contract Administrator has certified the works at more than you believe is correct.  Ordinarily the Client is responsible for serving...

What are the Notice periods for 'liquidated damages' LADS in a JCT Construction contract

Liquidated damages' LADS in a JCT Construction contract are deductions on a weekly basis for contract overrun.  One would fall foul of the JCT Contract for making a deduction without going through the LADS process.  And failing to pay a Certificate wit...

I am the Company Secretary of the company which owns the freehold of Hillside, a building which comprises 7 flats. All 7 lessees are shareholders in the company. The company is a member of the FPRA. I am the leaseholder of flat 2. We are about to appoint a contractor to carry out the external decoration of the building which is a three story Victorian house. We are unclear whether the Directors have any other responsibilities when appointing a contractor. We have read, for example, about the HSEs CDM regulations. To what extent do they apply in our case? Do you know of any guidelines or can you help us to decide what we need to do to ensure that we comply with them?

The answer on CDM is The CDM Regulations deal with the management of health and safety and they place duties on clients, planning supervisors, designers and contractors to plan, coordinate and manage health and safety throughout all stages of the construction project...