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10 February 2011 / Justin Bates
Issue: 7452 / Categories: Features , Landlord&tenant , Property
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Dispensing with consultation

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Justin Bates revisits residential service charges

The Landlord and Tenant Act 1985 makes detailed provision for the regulation of residential service charges payable by long leaseholders. In particular the 1985 Act, s 20 limits the service charges that a tenant can be required to pay in respect, inter alia, of “qualifying works”, ie works on a building or other premises, to £250 in any accounting period unless the landlord has first either (i) consulted the tenant in the prescribed manner (Service Charges (Consultation Requirements) (England) Regulations 2003 (SI 2003/1987) (the consultation regulations) or, (ii) obtained dispensation from the consultation regulations from the Leasehold Valuation Tribunal (LVT) (s 20 and s 20ZA, 1985 Act). The LVT may dispense with any or all of the consultation regulations if it is reasonable to do so (s 20ZA(1), 1985 Act).
The procedure for qualifying works involving private sector landlords are dealt with in Pt 2, Sch 4 of the consultation regulations. In general terms, there are three “stages” that the landlord must go through. 

  • Stage 1 involves the landlord
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