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I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.
may I clarify if this is a leasehold property you own or a freehold property please?
thank you. As a leasehold owner, you have a number of statutory rights in this respect in particular but not limited to the landlord and tenant act.
Initially, you can serve a notice upon the management company requiring them to provide you with a summary of the accounts for inspection. Having received those, you can then serve a further notice requiring such further detailed information as you require in order to cooperate or establish the validity of information contained within the accounts. This can either be by way of them providing you with copies of the documents such as invoices or statements you require or making them available for you to inspect. It is a criminal offence for a landlord or managing agents to refuse or omit to provide such information on receipt of a statutory notice.
I attach copy precedents you can adapt to serve the appropriate statutory notices upon the management company.
To the extent you find that you have been overcharged in relation to service charge either based on the information you already hold or on the basis of such information as you discover following the service of the above statutory notices, you can application to the first tier property tribunal for a determination as regards ***** ***** of one or more service charge demands:
thank you. Are you aware whether there is a so-called leasehold enforcement covenant within your lease? This is a provision that provides that the landlord must enforce the covenants of the lease upon request of a leaseholder
thank you. If the landlord or as is the case here, management company is refusing to enforce the covenants following a formal request to do so, then one or more of the aggrieved residents can bring an application for a court order to require the management company to do so. Before making an application for such an order, you would need to write to the management company giving a further period in which to undertake their obligations or advise that you will be left with little option but to apply for a court order in this respect. You should give them sufficient time in order to comply with the request bearing in mind the may need to be a further meeting on the point although it is likely to be within the directors purview to make decision without the need for a members or shareholders vote.
If you are required to issue an application to court, you can do so using the following form:
one thing to be aware of, is typically, leasehold enforcement covenants contain a condition that a request for a landlord or management company to enforce the covenant is subject to you indemnifying the management company in respect of costs in this regard. This would not extend to indemnification for breach of their obligation but rather for any costs reasonably incurred actually taking enforcement action