Section 22 of Landlord and Tenant Act 1985

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    Section 22 of Landlord and Tenant Act 1985

    Nearly a year ago my managing agent send us service charge adjustment with schedule attached. Upon inspection of the figures I decided to enquire about some of the charges and why they have increased. I received acknowledgment for my request and was assured that "dedicated member of team" is going to reply to me. None of that happenned and now I am wondering if this is a breach of section 22? If so, how can I escalate this and where?

    #2
    Section 22 doesn't require them to explain anything. All it says is that, once you have received the summary accounts, you can ask to look at the invoices, cash book items, etc.

    It is not clear that you have even requested the summary.

    Comment


      #3
      Step 1: Request the summary
      Step 2: Request the invoices

      Failure to receive the invoices = a criminal offense

      Step 3: Your ONLY (in practice) option to take action with this regard to this criminal offense is to approach your local council to ask them to prosecute
      Step 4: The local council will laugh at you -- ergo the law is meaningless. Sounds nice, but all the teeth are rotted.

      The bottom line is that your only recourse against criminality/fraud/accounting negligence by freeholder is to pay your service charges and then take freeholder to FTT. The FTT is a bit of a variable feast -- some tribunals turn a blind eye to accounts which are clearly fabricated/falsified, and they won't be empowered to do anything about the so called "criminal offense" either.

      Comment


        #4
        After receiving the audited accounts which should be available within 6 months from end of reporting period , leaseholders are allowed within a 6 months period to make an appointment to inspect the service charge documents at the managing agents office. The office should provide use of copying machine and allow the leaseholder to take a copy at reasonable charge.

        This is usually the procedure followed by a leaseholder before starting to make application to the FTT .

        Comment


          #5
          Originally posted by AndrewDod View Post
          Step 1: Request the summary
          Step 2: Request the invoices

          Failure to receive the invoices = a criminal offense

          Step 3: Your ONLY (in practice) option to take action with this regard to this criminal offense is to approach your local council to ask them to prosecute
          Step 4: The local council will laugh at you -- ergo the law is meaningless. Sounds nice, but all the teeth are rotted.

          The bottom line is that your only recourse against criminality/fraud/accounting negligence by freeholder is to pay your service charges and then take freeholder to FTT. The FTT is a bit of a variable feast -- some tribunals turn a blind eye to accounts which are clearly fabricated/falsified, and they won't be empowered to do anything about the so called "criminal offense" either.
          Yep..youve hot the nail on the head..what is an even more amusing scenario is when the local council IS the Freeholder
          Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

          I do not accept any liability to you in relation to the advice given.

          It is always recommended you seek further advice from a solicitor or legal expert.

          Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

          Comment


            #6
            Originally posted by leaseholder64 View Post

            It is not clear that you have even requested the summary.
            I have received the summary and asked for evidence to support some of the charges e.g invoices for maintenance, management etc. They replied to acknowledge this but eventually I never got anything I asked for.

            Comment


              #7
              Your right is to be given reasonable facilities for inspecting and copying, not to have them sent to you. I interpret this as meaning that they will set up an appointment to see them at their offices, and either give you access to a photocopier there (or simply the facility to print, if they have already been scanned), or will photocopy the ones you indicate and send those to you.

              However, as discussed above the, the law is toothless in even that respect.

              If you think you have a good case to reduce the charge, or you are prepared to risk at least £100, just go straight to the FTT. They will request that evidence, and if they don't get it, will look very unfavourably on your freeholder.

              Comment


                #8
                Also, you could ask the managing agent for details of their redress scheme, and complaints process.

                If you don't get the former, report them to trading standards.

                If you don't get the latter, report them to their redress scheme.

                If you do get them progress through their complaints procedure, and if that fails, progress to their redress scheme.

                Comment

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