Can freeholder stop S20 notices being issued?

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    #16
    What are the exact words about the timing of the account year and invoicing - here you go

    The lease extension deed of variation says “Certificate of the annual expenditure (“the Certificate”) signed by the Lessor or its managing agents as soon after the end of the financial year as may be practicable". So that's April, not October or December. It doesn't help that the managing agents won't even start doing the accounts until the end of June.

    I can understand a small freeholder wanting control over his building but ours is not a small freeholder, he owns about twenty other limited companies and in our particular one there are eleven sets of properties.

    I say the freeholder's agents are 'our managing agents' because that's what they are. The fact that they are under the thumb of the freeholder is annoying when it adversely affects us.

    Before you say it, yes, we should go RTM! That will take time but I want to get the windows this financial year not next.

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      #17
      Originally posted by Section20z View Post

      incorrect, I do this all the time. Generally it is prudent to hold reserve funds even if the lease is silent.
      Really?????

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        #18
        While that may not be strictly legal, it could be helpful to the tenants if that money is used to cover expensive maintenance work. In our case the money is there but locked away in the freeholder's bank accounts and we can't get at it without taking him to court.

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          #19
          Originally posted by Section20z View Post

          incorrect, I do this all the time. Generally it is prudent to hold reserve funds even if the lease is silent.
          In that case, it is a voluntary fund and the leaseholders would be entitled to request repayment. Do you keep the monies in a separate client bank account? I would always recommend leaseholders to save monies themselves rather than contribute towards a voluntary fund.

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            #20
            Originally posted by NaomiB View Post
            While that may not be strictly legal, it could be helpful to the tenants if that money is used to cover expensive maintenance work. In our case the money is there but locked away in the freeholder's bank accounts and we can't get at it without taking him to court.
            Exactly - one of the many reasons reserve funds are not desirable (until the law changes). They often facilitate fraud/theft/cross subsidy between lessees.

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              #21
              Yes, that is what has happened here. What do other tenants in our situation do?

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