Service of summary of service charges.

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    Service of summary of service charges.

    Another question. Section 21(2)Landlord and Tenant Act 1985 states that a summary of the service charges expended for the previous accounting year must be served on the tenants within 6 months of the end of the accounting period along with certified accounts in order that those service charges be collectable. The Service Charges Order 2007 point 9 appears to say that a summary is only to be provided if a tenant requests it and point 10 appears to state that account are also only provided on request by the tenant. Confusing. Has the Order of 2007 overwritten the Act of 1985? What would be the correct action to take to ensure that the service charges are fully payable? (Along with serving the correct statutory notices)
    Many thanks.

    #2
    if you read my sticky on the forum, you will see that although CLRA 2002 enacts an obligation to serve a summary that is not yet subject to a commencement order.

    The existing section 21 therefore stands it must be requested.

    Therefore your current obligation is only a contractual one ie what the lease requires for you to summarise costs incurred in the period.

    Leaseholders can therefore, under the Act, require you to also provide a summary which only needs to be certified if there are more than 4 units.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


      #3
      CLRA sec 152

      The Commonhold and Leasehold Reform Act 2002 (commencement number 1, savings and transitional provisions) (England) Order 2002
      seems toi say that sec 152 has been commenced back in 2002?


      Originally posted by leaseholdanswers View Post
      if you read my sticky on the forum, you will see that although CLRA 2002 enacts an obligation to serve a summary that is not yet subject to a commencement order.

      The existing section 21 therefore stands it must be requested.

      Therefore your current obligation is only a contractual one ie what the lease requires for you to summarise costs incurred in the period.

      Leaseholders can therefore, under the Act, require you to also provide a summary which only needs to be certified if there are more than 4 units.

      Comment


        #4
        Nope..its hard to understand all the bumpf but it deff isnt in force and it very unclear if/it ever will be anytime soon, I have a feeling that the LVT panerl in my case mis-read it too.

        Andy
        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


          #5
          Originally posted by freeholderGR View Post
          The Commonhold and Leasehold Reform Act 2002 (commencement number 1, savings and transitional provisions) (England) Order 2002
          seems toi say that sec 152 has been commenced back in 2002?
          Sadly not: to quote S. 152 partly in force; s. 152 not in force at Royal Assent, see s. 181(1); s. 152 in force for specified purposes at 26.7.2002 for E. by S.I. 2002/1912, art. 2(c);

          Which means that regulations can be made, they haven't so it isn't

          All of which helps you - if it hasn't been requested then you are not in breach, you only have to look at your obligations under the lease.
          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

          Comment


            #6
            Originally posted by leaseholdanswers View Post
            Which means that regulations can be made, they haven't so it isn't
            I did wonder what it all meant !
            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

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