Certification of Service Charge Accounts and demands.

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    Certification of Service Charge Accounts and demands.

    Certification of Service Charge Accounts and demands.

    Does the law intentionally leave doors open so as that others can later make a fortune?
    Woodfall’s Landlord & Tenant:
    “7.180. Where a lease provides for the amount payable to be certified by the landlord’s surveyor or accountant, the issue of a valid certificate will usually be a condition precedent to the tenant’s liability to pay.”

    Is there any definitive as to when certification is a precondition for payment?

    As the Upper Tribunal expressly left open the question of whether the freeholder could (a) belatedly secure certification of service charges and (b) then serve a fresh valid demand for payment of the certified charges, surely this expressly comes under 18 month rule?

    Woodfall is primarily referring to the contractual obligation which affects, primarily, SC due in arrears and balancing charges and adjustments.

    The 18 month rule operates largely independently as if s20b is met, then the costs are then capable of being entered into such a certificate ( if it is not then they cannot be entered), no matter how belated ( though a lease might make a contractual stipulation on the timing of the certificate which invalidates a late certification)

    In simple terms the lease says what when and how, and s20b might limit what costs you can include in that.
    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.


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