UK Property Law
Get UK Property Law Questions Answered by Experts
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!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).