Landlord is ignoring a s76 management audit notice. What can we do?

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    Landlord is ignoring a s76 management audit notice. What can we do?

    Hi there,

    we've appointed an auditor who has sent a s80 audit notice to carry out a s76 management audit (https://www.lease-advice.org/advice-...ment-audits-2/).
    The landlord is unresponsive and ignoring the notice.

    I realise that s81(4) (http://www.legislation.gov.uk/ukpga/1993/28/section/81) says that the auditor can apply to the court to force the auditor to comply.

    Is this a successful route to pursue? Would you recommend any other course of action?
    Would welcome any views on this.

    Thank you.

    #2
    Set up RTM to take over administration of the service charge account.

    Comment


      #3
      Thank you.
      We are indeed doing that.

      But we still need to get comfortable that the balances etc are correct when we take over.
      And the landlord is not cooperating, so I was wondering whether (other than applying to the court) there is any other route we could pursue.

      Comment


        #4
        Leaseholders have the right to inspect the service charge documents after the audited accounts have been provided to leaseholders..

        The unspent service charge money belongs to the leaseholders and a mojority of leaseholders ( RTM , a nil asset company )) could threaten to report the freeholder to the Police for suspected fraud.

        The RTM has powers to demand information on the service charge money after the freeholder has agreed to take over of service charge administration by the RTM. Before the RTM commences , the service charge administration is still under the freeholder.

        Buy a copy of the RICS Residential Management Code which sets the "standard for management" of service charge accounts. Costs about £25 to buy or you may view a copy online.

        Comment

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