section 20
NOTE: Stage 1 of our consultation has now ended. Please see latest (Stage 3) here.
Notice of Intent: communal electricity supply
We are writing to all Incommunities and Sadeh Lok customers paying a service charge for shared electricity supplies. A shared electricity supply includes, for example, power to lifts, indoor or outdoor lighting, shared heating & facilities, alarms and door entry systems.
Incommunities Group Ltd intends to follow a legal process, known as a 'Section 20 Dispensation', which would allow us to enter into a longer-term, better value supply agreement with an electricity company. We believe this is necessary to secure value for money and to help protect our customers from rising energy prices.
This does not include or affect your personal domestic electricity supply.
Due to the value of future electricity contracts, Incommunities customers will not be invited to propose their own preferred supplier. However, if you have any comments they, can be submitted via our online form on this webpage or mailed to: FREEPOST Incommunities.
The last date for us to receive comments is 4.30pm on 22nd March 2019. Any comments received after this time will not be taken into account.
We will write to you again with our proposal, when you will have another thirty day period in which to submit comments.
Following this final period of consultation, you will receive formal notification from HM Courts & Tribunals Service, letting you know we are applying for Section 20 Dispensation.
If you have any specific queries that are not covered in the Frequently Asked Questions, please call our Customer Contact Centre on 01274 257777.
The formal Notice of our intent, along with ‘Frequently Asked Questions’ (FAQs) about the Section 20 Dispensation consultation process, and a feedback form for your comments can be found below;
Frequently asked questions Section 20 click to download
|
Statutory Notice of Landlord’s Intention to Enter into a Long Term Agreement |
|---|
|
In accordance with Section 20 of the Landlord and Tenant Act 1985 (as amended by Section 151 of the Commonhold and Leasehold Reform Act 2002) under Schedule 2 of the Service Charges (Consultation Requirements) (England) Regulations 2003. |
- It is the intention of Incommunities Group Ltd (including Sadeh Lok Housing Association) to enter into a long-term agreement in respect of which we are required to consult tenants and leaseholders (see Note 1 below).
- The goods & services to be provided under the agreement are the purchase and supply of electricity to communal electrical heat networks and landlord supplies including communal areas.
- We consider it necessary to enter into the agreement because we have a duty to ensure electricity supplies are available to power communal heating, communal lighting and other shared services such as door entry systems, lifts and alarms. The current electricity supply contract ends in September 2019. We are seeking to enter into a long term agreement for up to five years to secure best value on energy prices.
- We invite you to make written observations in relation to the proposed agreement in the box below or via post at the following address: FREEPOST Incommunities . Observations must be received within the consultation period of 30 days. This runs from 18th February 2019 to 22nd March 2019. Responses received after 4.30pm on 22nd March 2019 will not be taken into account.
- Often when we carry out a Section 20 Consultation, tenants and leaseholders are invited to propose a person or supplier from who we should try to obtain an estimate for the works or services. In this instance, as the proposed agreement requires public notice as part of European Union legislation, you are not able to nominate a person or supplier for this contract.
Notes
- Section 20 of the Landlord and Tenant Act 1985 (as amended) (‘the 1985 Act’) provides that a landlord (as defined by section 30 of the 1985 Act) must consult tenants/leaseholders who are required under the terms of their tenancies/leases to contribute (by payment of service charges) to costs incurred under a qualifying long term agreement, where the contribution of any one tenant/leaseholder exceeds £100 in any accounting period. ‘Qualifying long term agreement’ is defined by section 20ZA of the 1985 Act.
2. Where a notice specifies a place and hours for inspection:
- the place and hours so specified must be reasonable, and
- a description of the relevant matters must be available for inspection, free of charge, at that place and during those hours. If facilities to enable copies to be taken are not made available at the times at which the description may be inspected, the landlord shall provide to any tenant, on request and free of charge, a copy of the description.
3. The landlord has a duty to have regard to written observations made within the consultation period by any tenant, leaseholder or recognised tenants’ association. ‘Recognised tenants’ association’ is defined by section 29 of the 1985 Act.
4. There is no right of nomination of alternative contractors where public notice is required.
If you have any comments please complete the form below.