The Leasehold Advisory Service
Leasehold Advisory Service
The Leasehold Advisory Service provides free initial advice on the law affecting residential leasehold property in England and Wales. They have a helpline and a website that offers a range of resources.
The leasehold process is a complex one that involves a lot of legal and administrative issues. For most people buying a leasehold property for the first time, this can be daunting.
LEASE is a Non-Departmental Public Body (NDPB) funded by Government and they provide free initial specialist advice to residential leaseholders on all the legal matters associated with the law and regulations around residential leasehold properties. They have a team of fully legally qualified advisors who can advise you and guide you in the right direction to ensure that you are well-informed on all aspects of the legal process.
The Leasehold Advisory Service
They can answer any questions you have and they are able to arrange meetings with groups of leaseholders where there are large numbers interested in a joint issue. They are also able to publish free advice guides on various issues that you might be faced with.
When a landlord decides to make repairs, maintenance or improvements to the building or premises in which they own leasehold property they have a number of duties under Landlord and Tenant legislation to protect the rights of leaseholders. These include the right to challenge unreasonable charges; challenging poor or unnecessary workmanship; and to be consulted about major works and long-term agreements.
Under Section 20 of the Landlord and Tenant Act 1985, when the cost of major works will exceed PS250 per leaseholder, the landlord must consult with tenants. The consultation is usually a two-month process where the landlord will describe the proposed works and the tenant can make observations about those works. Alternatively, the landlord can apply to the First-tier Tribunal for a dispensation from the need to consult under section 20.
Under the qualifying long-term agreement provisions, a landlord must carry out a separate consultation process before entering into a contract for services with a contractor which is for more than 12 months. The landlord must obtain at least two estimates for the qualifying long-term agreement work, one from their own contractor and one from an alternative contractor proposed by a leaseholder or recognised tenants’ association.
When choosing a contractor to carry out the major works the landlord must give a final notice, called a ‘Notice of Award of Contract’, which should include a reason for selecting the contractor and a description of the work. This notice must be given within 21 days of the selection.