Section 20 Consultation booklet. This booklet explains the Section 20 (S20) consultation process for major works and gives details on:
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1 Section 20 Consultation booklet This booklet explains the Section 20 (S20) consultation process for major works and gives details on: How we consult you on proposed works What information we provide with our bills Information about useful contacts Introduction There are two teams involved in the major works programme. Your main point of contact is the Leasehold Service team which issues notices, invoices and account statements, calculates costs, collects payments and helps with invoice queries. The Asset Management team assesses necessary works, manages tender processes, awards contracts and manages works on site.
2 What are major works? Under the terms of the lease, the landlord is responsible for the maintenance and improvement of the external and communal parts of the building and estate where your leasehold property is situated. Major works are any such pieces of building or engineering work to your building or estate which will cost more than 250 per flat. It can be maintenance, redecoration, replacement or improvement work. Our service standards for major works The Leasehold Service team will let you know about necessary major works through letters, flyers and resident meetings. We will always consult you about any major work likely to cost you over 250. If you are going to be affected we will send you a Section 20 Notice, including all the work details, bidding contractors, tenders, award of contract and start dates. During the consultation period Leasehold officers can attend resident meetings and visit you at home if you need us to.
3 What is the consultation process? Stage 1 - Notice of intention (The first letter): Explains the proposed work Gives reasons for the work Advises how you can comment on the proposal Invites you to recommend a contractor or explains why EU law prevents this Advises the closing date for comments; these should be made in writing within thirty days of the notice date Confirms enquiries/comments will be responded to in writing within ten working days of receipt Stage 2 Notice of Estimates (The second letter): Gives details of contractors and their estimates Tells you where you can inspect the tender documents Invites you to comment on the tenders Advises the closing date for comments; these should be made in writing within thirty days of the notice date Confirms enquiries/comments will be responded to in writing within ten working days of receipt
4 What is the consultation process (cont.)? Stage 3 - Notice of award of contract (the final letter) If we do not choose the lowest tender we must send you a notice of award of contract which: Provides an explanation on why the lowest priced tender was not selected Provides a summary of the comments received and our responses to them Stage 3 informal If the lowest tender is accepted we will send you a letter with details of the contractor and the proposed start date for the works. What happens if we are unable to consult you as required? In certain circumstances it may not be possible to do a full consultation. If this happens we would have to apply to the Leasehold Valuation Tribunal (LVT) for dispensation from consulting. You will be sent all paperwork relating to this application. The LVT will decide whether it is reasonable to proceed with the works without consulting you.
5 Paying for major works invoices Final account We will send you the final account within six months of the work finishing. If we cannot do this we will write to you to say why this is not possible and how much the total spent to date is. Payment We will send you a cost breakdown with the final account to show how the costs relate to the original estimate. We will make our accounts and supporting documents available for you to see when the final account is issued. We will tell you if the cost of work goes up by more than 15% above the original estimate and why it has gone up. If there is a delay we will explain why and send you a notice to confirm costs have been incurred (Section 20 B2 Notice). If you need a bank or building society loan we can offer you up to six weeks to arrange payment. If you would like more information please get in touch to discuss payment options on a one to one basis.
6 Additional Support If you are on a low income we have Welfare Benefits Advisors Advisory and Financial Inclusion Officers who can offer advice. You can also get independent advice from the Citizens Advisory Service. Why do I have to pay? Under the terms of your lease you have to pay towards any work on the outside or structure of the building and in communal areas. You also have to pay towards work required on your estate, including: Planning, design and management of the work Site set-up costs and overheads Hiring of scaffolding Labour and material costs Consultancy fees for services such as drawing up and monitoring building and technical specifications and health and safety requirements Billing and payments collection
7 How do we decide what work to do? When we plan major work, we take into account: How to pay Stock condition If there is a repeated pattern of the same day to day repairs being completed Resident requests such as grounds improvement or work on lighting or other estate facilities There are a number of different ways to pay your invoice but if you want to pay by instalments please arrange this with a member of the Leasehold Service team. Direct debit Online on our website at On the phone by debit or credit card by calling By cheque, cash, postal order, debit or credit card at Radian office receptions exact money only please By post please make cheques payable to Radian and write your name, address and invoice number on the back.
8 Queries and complaints What if I do not agree with my invoice? If you think the work has not been done properly please write to us as soon as possible explaining the issues. If you tell us while the contractors are still on site, they can put faults right before they leave. If you believe Radian should not charge you for a particular item on your bill, please write to us immediately explaining why. Can I withhold payment? You must not withhold payment if you are disputing your bill as any issues you raise will only affect a small part of it. We will take action to recover any money owed to us. If your complaint is upheld we will give you a refund. You have a legal right to receive a refund if an error has been made or work has been omitted. Making a complaint If you are not satisfied with the way we have dealt with your query or issue and you believe we have failed, you can make a formal complaint through our complaints procedure. Complaints can be made by phone, or letter.
9 When your complaint is received we will investigate and send you a letter giving a full response. If we agree you have raised valid problems we will tell you how we plan to rectify them. If you remain dissatisfied once you have received our response you can ask to escalate your complaint to the next stage of the complaints procedure. The Leasehold Valuation Tribunal In any instance where a leaseholder feels we have failed to deal with a major work contract appropriately they can apply to the Leasehold Valuation Tribunal (LVT). The LVT is meant to be accessible and you can represent yourself. However, the LVT is part of the legal and judicial system so it is important to have a good legal case before making an applying. You may want to be represented by a solicitor or get professional advice on the legal, technical or construction issues in cases regarding works before applying to the LVT. For more advice on this please contact Leasehold Advisory Service (LEASE) who provide free legal advice on leasehold issues. Phone: Web:
10 Useful contacts - other organisations The Pension Service If you are receiving pension credit call for assistance with paying service charges. Department of Works and Pensions If you are out of work or disabled call for advice on assistance for paying service charges. Citizens Advice Bureau Please call to make an appointment: or visit their website at National Debtline, Tricorn House, Hagley Road, Edgbaston, Birmingham, B16 8TP Leasehold Advisory Service (LEASE) Gives free legal advice on leasehold issues. 31 Worship Street, London EC2A 2DX Phone: Web: Leasehold Valuation Tribunal 10 Alfred Place, London WC1E 7LR Phone:
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