One of the groups who regularly attend the ILA meetings, and anticipate challenging their bills at the TRIBUNAL, put together this “to do list” see below…
Its pretty comprehensive and worth reading, whether you are currently/intend to do the same, as/when, the council presents you with a similar demand…
Enjoy…
S20 Notices / Major Works
Action Sheet for Islington Leaseholders
Following the recent Tower Hamlets Court of Appeal ruling, below is a practical action sheet forIslington leaseholders reviewing their own S20 notices.
The Tower Hamlets case does NOT automatically apply to Islington. What it does is reinforce
where leaseholders should look closely: consultation, clarity, and costs.
Each S20 notice still stands or falls on its own facts.
A Court of Appeal recently ruled: A London council is unable to charge leaseholders for repairing historic building safety work.
Use the checklist below to review your own works and start collecting evidence right from the
beginning. Send in FOIs when necessary.
S20 REVIEW ACTION SHEET
Consultation
Check whether any of the following apply:
You did not receive a Notice of Intention (S20) before works started
You were not given at least 30 days to make observations
You received no response, or only generic responses, to observations
You bought your flat recently and were not consulted at all before works began
Evidence to collect:
All S20 notices
Purchase completion date
Any emails or letters received (or not received)
Repairs vs Replacement
Check whether any of the following apply:
The notice does not clearly explain what is being repaired
The notice does not clearly explain what is being replaced
Works described as “repairs” look like full replacement or upgrading
No explanation is given as to why replacement is necessary
Evidence to collect:
Photos or videos of works
Scope of works documents
Contractor descriptions Costs and Reasonableness
Check whether any of the following apply:
Costs are not clearly broken down
Professional fees or project management costs are unexplained
Costs appear disproportionate to the work being done
Estimates have changed significantly without a new notice
Evidence to collect:
Cost schedules
Invoices
Revised estimates
Any explanations given (or not given)
Documentation
Check whether any of the following apply:
Technical reports were not provided with the notice
Plans or specifications were missing
Key documents are vague or incomplete
You were expected to comment without seeing full information
Evidence to collect:
All attachments received
A list of missing documents
Requests you made for clarification
Timing and Process
Check whether any of the following apply:
Works started before consultation ended
Works started before any consultation took place
Costs were incurred before notices were served
Evidence to collect:
Photos with dates
Contractor start dates
Council emails confirming timelines
Earlier Cyclical Works, and Charging History
Check whether any of the following apply:
Similar works were previously charged as “cyclical” or routine repairs
The same elements are now being charged again as major works
No explanation has been given as to why earlier “repairs” were inadequate
Evidence to collect:
Previous service charge accounts
Cyclical works schedules
Past invoices and descriptions of works
Any overlap with current S20 works
Commercialised Communal and Community Spaces
Check whether any of the following apply:
Communal or community spaces have been reduced or repurposed
Spaces are now let to private or commercial users
Rents charged to outsiders are higher than those charged to residents
Income from these spaces does not appear in the Housing Revenue Account (HRA)
Leaseholders still pay for maintenance of these spaces
Evidence to collect:
Photos or layouts showing loss of space
Letting details or advertised rents
Service charge items linked to those spaces
Any council statements about where this income is allocated
Why this matters
The Tower Hamlets ruling confirms that councils cannot rely on vague wording, blurred categories, or procedural shortcuts, particularly where costs are very high.
For Islington leaseholders, the strongest challenges will continue to be based on:
1/ Defective consultation
2/ Unclear scope of works
3/ Repeat or double charging
4/ Disproportionate costs
5/ Missing or withheld documentation
6/ Loss of communal benefit without any financial offset
This checklist is about protecting your own position, not assuming a blanket outcome.
Keep everything. Dates matter. Repetition matters. Accounting matters.
Remember…Everything must be in writing, Verbal agreements / Promises / Etc, are of NO value what so ever…
Knowledge is Power
&
Paperwork and photo’s are Evidence