Consulting on major works

Why do you consult?

We consult because by law we must in certain circumstances. Section 20 of the Landlord and Tenant Act 1985 gives you  the right to be consulted about works and services.               

When will I be consulted?

You have the right to be consulted on various works under varying circumstances. The consultation requirement on landlords is complex but there are basically three different types of consultation depending on the form of contract and these are outlined below:

A contract that last up to 12 months and where any leaseholder will be or is likely to be charged more than £250, including fees and VAT in one financial year

A long-term contract (which means over 12 months) and where any leaseholder will be or is likely to be charged more than £100, including fees and VAT in any one financial year  

A long-term agreement as above but where the Council is required to advertise for interest from contractors in the Official Journal of the European Union (OJEU) because of the high value of the contract.

When would you not consult me?

If the work is an emergency and the cost is over £250 we would not be able to delay the work in order for the Section 20 notice to be served. This could be for something like a collapsed sewer. In these circumstances where possible we will write to you with the details and explain why we are not consulting in the usual way.

What do I need to do if I receive a Section 20 notice?

If you do not have and queries you do not need to do anything, if you have an observation regarding this contract you need to put this in writing to Homeownership team by post or by email at homeownership@eastkenthousing.org.uk

What is an observation?

It is something you think we should consider before we carry out the work.  An example of this could be that you feel that the procurement process could have been done in a different way or that the works are not required.

Can I nominate a contractor?

Yes you can nominate a contractor if the contract is not advertised through OJEU you can and this will be made clear on the Section 20 notice.

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