Right-to-Buy leaseholders in council and housing association blocks have the same s.27A challenge rights as private-sector leaseholders — but face additional layers: HRA-driven accounting, contractor framework agreements, discretionary "goodwill" reductions, and the specific £10,000 / £15,000 major works cap for former Right-to-Buy leaseholders.
The £10,000 / £15,000 cap ("Florrie's Law")
The Social Landlords Mandatory Reduction of Service Charges (England) Directions 2014 require councils and other social landlords to reduce a leaseholder's contribution to major works costs funded by government subsidy where the annual charge would exceed:
- £15,000 in Greater London;
- £10,000 elsewhere in England.
The cap applies to works funded (in whole or in part) by government subsidy — historically Decent Homes and cladding remediation. It does not apply to works funded solely by the landlord's own resources.
Common council service charge issues
- Framework overheads: contract call-offs via multi-block frameworks with opaque preliminaries and management fees.
- Cost apportionment: block-level costs allocated to individual flats using outdated square-metre calculations.
- Estimated vs actual: perennial refusal to reconcile large-block estimated bills against actual expenditure.
- Reserve funds: many councils don't run reserve funds, creating cliff-edge major works bills.
Overlap with the Building Safety Act 2022
Where the block is 11m/5+ storeys, BSA 2022 protections apply on top of council-specific rules. In many post-Grenfell council blocks, qualifying leaseholders have both:
- Sch 8 BSA caps (£15k in London for non-cladding);
- Florrie's Law cap (£15k in London for subsidised major works).
Read together, most qualifying council leaseholders in London are hard-capped at £15k per major works project, with cladding costs zero.
Preparing the case
- Get the full s.21 accounts and s.22 receipts.
- Compare year-on-year cost lines — councils often carry legacy inflation into new years.
- Request the framework agreement and specification for any major works.
- Check HRA subsidy classification of works.
- Consider Freedom of Information requests to sister boroughs for benchmark contractor rates.
Related
- [Building Safety Act protections](/guides/building-safety-act-2022-leaseholder-protections-explained)
- [How to challenge service charges at the FTT](/guides/how-to-challenge-service-charges-at-the-first-tier-tribunal)
- [Section 20 major works consultation](/guides/section-20-consultation-explained-for-leaseholders-major-works)
Frequently asked questions
Does Florrie's Law apply to housing associations?+
Yes — the Directions apply to social landlords generally, not just councils. Verify subsidy classification with your landlord.
Can we form an RTM company in a council block?+
Generally no — RTM is excluded for local authority buildings unless the freeholder is not the housing authority.
What if there is no reserve fund?+
Absence of a reserve fund is not unlawful by itself, but the tribunal can weigh it into reasonableness.
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