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I am a leaseholder and am considering application to the LVT

re service charges for the...
I am a leaseholder and am considering application to the LVT re service charges for the periods 1.4.11-31.3.12 and 1.4.12-31.3.13.
The reasonis the managing company failed to provide me with summary as per S21 of Landlord and Tenant Act 1985, so I am not sure the money has been spent correctly.

My questions are:

1. If I write to the local council with request to prosecute them for breach of S21, will I still be allowed to apply to LVT?

2. Can I request this assessment from LVT for 2012/13 period before the final accounts are ready/before Sept 2013/?

3. I am joint leaseholder with my wife. Regarding the LVT application - can I apply alone or does it have to be both me and my wife in order to get the whole amount /if decided by LVT/ back?
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Answered in 12 hours by:
4/30/2013
Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

May I ask how many requests you have made to the landlord for the information you have requested under statute please?

Customer: For the period April 2011-March 2012 I did two requests in April 2012/two because they initially gave me wrong information pretending to be what I asked for/, after that they said it was too early and the period finishes on 30.0912. In beggining of Oct 2012 I made the third request. They said they did not have all the info as the ex-managing agent witheld some of the accounts info and they were waiting for this./the managing agent was changed in Sept 2011/. They said that they were going to give me the summary when in possession of the info. The forth request I made in beggining of April 2013. With signed for-I have proof it has been received. They did not reply so far.
Joshua :

Thanks. A criminal prosecution does not preclude an application to the LVT for a determination of a service charge.

Joshua :

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

Joshua :

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.

Joshua :

The matter can be referred back if necessary to the LVT when the final accounts are published.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer: Thank you for your reply.
Customer: Could you,please, clarify - if I apply to LVT now for the periods 2011/2012 and 2012/2013 is it likely the fact that the accounts for 2012/2013 are not ready/LVT can not make final judgement/ to delay the assessment for 2011/2012 as well/if LVT decides to assess both periods together/. I am asking because if this is likely then I would apply first for 2011/2012 as I do not want to be delayed.
Customer: And the final thing - do I have to inform the managing company that I intent to apply to LVT prior to application to be made /because as far as I am aware in certain cases one should inform the other side of similar issues - e.g. Reporting them to the council,etc
Joshua :

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.

Joshua :

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.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

Thank you very much for your help!

Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified
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Satisfied Customers: 26,070
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