I am a leaseholder of a flat in a block of nine flats, which…

Question

Answer 1

Solicitor: Joshua, Lawyer replied 11 years ago

I agree they have questions to answer. If they are not answering them you can invoke the statutory procedure as follows:

you do not have a right to request such documentation to be sent to you that you have substantial rights as follows:

you have a right to request a summary of the service charge account and the landlord and tenant act 1985, section 21. You must make such a request in writing and directing the landlord or the managing agent. You can require a summary of relevant costs in relation to service charges payable in respect of the last accounting year or where accounts are not kept my accounting years, the past 12 months.

the summary should show:

how the costs relate to the service charge demand, or if they will be included in a later demand;
any items for which the landlord did not receive a demand for payment during the accounting period;
any items for which a demand was received and for which no payment was made during the accounting period;
any items for which a demand was received and for which payment was made during the accounting period; and
whether any of the costs relate to works for which an improvement grant has been or is to be paid.

from what you say, you may already have this information.

As well as receiving the summary, however you have the right under section 22 of the Landlord and Tenant Act 1985 to inspect documents relating to the service charge as a follow-up to provide more detail on the summary. Within a period of six months from receipt of the summary, the service charge payer (or the secretary of a recognised tenants' association) may write to the landlord requiring him to allow access to and inspection of the accounts, receipts and any other documents relevant to the service charge information in the summary and to provide facilities for them to be copied.

Facilities for inspection must be provided within one month of the request, and must be available for a period of two months.

There are further rights of investigation of service charges and management provided by the right to a management audit under the Leasehold Reform Act 1993 and the right to appoint a surveyor under the Housing Act 1996. Full details of those rights are set out in our leaflet 'Appointment of a Surveyor, Management Audits'.

Answer 2

Solicitor: Joshua, Lawyer replied 11 years ago

Thanks. Sorry there is a typo in the above paragraph; it should read:

"you do have a right to request such further documentation to be sent to you and you have substantial rights as follows:"

from what you say, it strikes me that they have accidentally treat it money that you paid as communal money which of course they are not entitled to do. If your position is that all of that money was paid by you then it is clearly inappropriate for them to have distributed this to other parties. This seems to be the crux of the matter and the key question which you need a resolution to.

I am a leaseholder of a flat in a block of nine flats, which…

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