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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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For Jo CRegarding The Landlord and Tenant Act 1985I own

Resolved Question:

For Jo C Regarding The Landlord and Tenant Act 1985 I own a number leasehold properties that I have to pay service charges. A management company is appointed by the freeholder. In one particular case my letting agent told me that repairs weren't being carried out on the block - e.g lead had been stolen from the porch roof, subsequently letting in rain, and fly tipping was not removed from the car park. When the service charge came in, I disputed as although they had charged it in full.


 


Can I rely on 


Section 18 (1) of the Act defines a service charge as ‘an amount
payable by a tenant of a dwelling as part of or in addition
to the rent
(1) which is payable, directly or indirectly, for services, repairs,
maintenance, improvements or insurance or the landlord’s
costs of management; and
(2) the whole or part of which varies or may vary according
to the relevant costs.’
The items included in (1) above are those required to be reasonable
and on which a LVT may make a determination of reasonableness.
Note that the definition in section 18(1) does not overrule the lease. The item
or service must still be included in the lease in order to be chargeable.
All demands for service charges must be in writing and must contain
the landlord’s name and address. The service charge is not payable until
this information is given and if the landlord’s address is outside England or Wales, the demand must contain an address in England or Wales at which notices may be served by the leaseholder.


 



As on the invoice there is no mention of the landlord, only the address of the letting agent, and management accounts are not produced to show how the charges are calculated?


 


Regards,


 


Keith

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Hi,


 


Originally poster for Jo C (expert-remus2004) as I have had answers from her before.


 


Maybe its because of the Easter break?

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you. I will pass this to Jo C to make sure she has seen it.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.
No worries, it's a holiday weekend!
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

Yes, please find an expert if Jo C is not available,


 


Regards,


 


Keith

Expert:  Joshua replied 3 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

I have been asked to assist with this. Do you still require help with the above?

Kind regards
Customer: replied 3 years ago.
Yes please.
Expert:  Joshua replied 3 years ago.
Thanks. Do you know - under your lease is the landlord responsible for maintaining the building and the agents represent the landoord or is the agent appointed to do so under the lease directly?

Has the agent also provided a summary of rights and obligations with the service charge demands?

Do any of the charges result individually in a charge of more than £250 to you as a leaseholder?
Customer: replied 3 years ago.

Hi,


 


The link is a copy of the lease, however, the management co has changed.


 


https://www.dropbox.com/s/9nrm11bva7ojaea/lease%20-%20Boulevard%20Mews.pdf


 


The Management did not provide a summary of rights and the charges are greater that £250.


 


Regards,


 


 

Expert:  Joshua replied 3 years ago.
The law expects the landlord to behave in a reasonable manner with regards XXXXX XXXXX on the building. The law prescribes certain requirements for service charge demands, namely that the same should include the landlord's name and address and that any demand as you refer to and in addition s158 Commonhold and Leasehold Reform Act 2002 provides that the same must be accompanied by a formal summary of rights and obligations outlining your rights in respect of the service charge demands. If this information is not included with the demand, you do not have to pay the service charge demanded until this information is provided to you

Based on the lease a residents management company is responsible for maintenance and if the name and address of the management company referred to or succeeding to the role in the lease is mentioned this is satisfactory however if the name and address given is managing agents acting on behalf of their principal this is not sufficient. In any event the omission of the summary of rights is fatal to the validity of the invoice in its own right.

Notwithstanding the above you have a statutory right to request a summary of the service charge account under section 21 of the landlord and tenant act 1985. You must make this demand in writing and if summary is not provided by the landlord, the landlord is liable to prosecution and a fine of up to £2500. Once you have received the summary, under section 22 of the landlord and tenant act 1985, you have the right to request more detailed information including invoices supporting the summary. The landlord must make these available to you for inspection and provide copying facilities if required.

Is there anything above I can clarify for you?
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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