ABSTRACT

The 2002 Act makes fundamental changes to the duties on landlords and managers to consult long leaseholders when proposing substantial expenditure to which leaseholders will contribute through the service charge. These changes came into force on 31 October 2003 by virtue of The Service Charges (Consultation Requirements) Regulations 2003 (‘the regulations’). Although contained in section 151 of the 2002 Act, the cornerstone of the consultation legislation remains section 20 of the Landlord and Tenant Act 1985 (as amended by the 2002 Act). Consequently, property managers will still know it as ‘section 20 consultation’, but they would be very unwise not to notice that the statutory provisions have been modified and extended very significantly.