Requesting invoices under s23

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    Requesting invoices under s23

    Hi,

    Im looking for some advice on how to properly request receipts & invoices under S23.

    I am a leaseholder of a s/o property where the HA is my landlord, the superior landlord is the developer who has assigned a managing agent.

    I requested summary of accounts for year 17/18 and then receipts and invoices under S22 from the HA. What they provided me with was what they had been invoiced by the managing agent(i.e a couple of invoices for total amount to run the building). What I wanted was the receipts & invoices from the actual management agent.

    Apparently I should of made the request under S23 not S22. I have discussed this informally but not had any movement so I want to serve notice formally.

    Q) How do I properly serve notice under S23(putting the s22 on to the superior landlord), as I couldn't find any examples of this online. Do I serve it to the HA then it's their responsibility to deal with getting the invoices from the superior landlord? Or do I get the details of the superior landlord and serve it to them directly?

    Q) Can I still request years 17/18 or has the time passed?

    Thanks


    #2
    You should issue a s21 notice first and it should be issued to whoever demands service charges from you. Once you receive that information, you can issue a s22 notice to inspect the supporting documents.

    Comment


      #3
      s/o = shared ownership. The managing agent is a bit of a red herring, it is really the superior landlord or the estate management company that matters here.

      Section 23 is a duty on the housing association, not on you. I think they have committed a criminal offence, but one that no-one will ever prosecute.

      Whether you are time limited depends on whether the service charge year starts before or after July 9th. However, it is possible that the superior landlord will comply without being legally bound to do so.

      It's my impression that, in shared ownership arrangements, the housing association tries to act pretty much as though they weren't re-billing the service charge, even though that is what is really happening.

      (Share ownership of leasehold property isn't really shared ownership; it is really a long lease sub-let with a low premium and a high rent. The shared owner has 100% ownership of the bottom lease and the housing association has 100% ownership of the superior lease.)

      Comment


        #4
        Originally posted by eagle2 View Post
        You should issue a s21 notice first and it should be issued to whoever demands service charges from you. Once you receive that information, you can issue a s22 notice to inspect the supporting documents.
        I did a s21 and s22. Then was told I should of made the request under s23 as I wanted the invoices from the managing agent not from the HA.

        Comment


          #5
          I missed the second part of section 23. If the housing association provided proper summary accounts, sub-paragraph (2) says that that the housing association must tell you how to contact the superior landlord. After that you request access as though you had obtained the summary directly from the superior landlord, and make a request to them, under section 22.

          At no point do you need to do anything under S23. S23(2) means that the superior landlord is bound by S22.

          Comment


            #6
            Got it. Thanks!

            Comment


              #7
              When you sent the s22 notice, the immediate landlord ought to have served notice on the superior landlord, I agree that you are not required to do anything else. The request is valid from when you issued the notice.

              Comment

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