Thanks for your question. Please kindly RATE my answer when you are satisfied
May I ask how many requests you have made to the landlord for the information you have requested under statute please?
Thanks. A criminal prosecution does not preclude an application to the LVT for a determination of a service charge.
If you are a joint leaseholder the application should be made jointly with your wife but you may conduct the case if she is happy for you to do so and need not appear herself
The LVT will not be able to make a final determination for the current period until the final accounts have been produced but this does not prevent you from making an application in respect of any contribution towards service charge for the current year in the meantime as the budget will be available for inspection.
The matter can be referred back if necessary to the LVT when the final accounts are published.
Does the above answer all your questions or is there anything I can clarify or help with any further?
THe LVT will be able to assess the figures for the accounts that have been produced. In respect of the accounts that have not been produced the LVT will be limited to an assessment based on the current year budget and normally provide that either party can reapply in respect of the figures once the final accounts have been produced if their determination is considered faulty as a consequence thereof.
It is good practice to advise the other party of your intention in writing to give them one final opportunity to respond without the need for a tribunal application. Courts and tribunals are generally keen to see parties attempt to resove the differences without litigation if possible.
Thank you very much for your help!
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