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Inderdeep
Inderdeep,
Category: Property Law
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I have a question about a lease hold, As my wife and I have

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Hi I have a question about a lease hold, As my wife and I have lived in our flat for 10 years and have been paying our services charge of 3,000 per year what make 30,000 for the time we have been in the flat. There has been a very small bit of maintenance completed in this time. The free hold as making out that there is nothing in the pot for any large works. There are 4 flats in the block.
JA: Where are you? It matters because laws vary by location.
Customer: We live in Hove sussex
JA: What steps have you taken so far?
Customer: We have asked for a break down in what work have been completed and a statment of what is left. But we have never had a reply
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

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I will now turn to your enquiry and assist you as best i can.

Has the freeholder informed you of proposed significant works? Usually for any substantial works a section 20 notice is served and there is a consultation process providing information of the works and estimates. You are entitled to see these as well as the service charge accounts.

Customer: replied 6 days ago.
no we have asked them for the work to be completed and the section 20 was mentioned. But they are saying we the free holders will have to pay for the works to be complete. When asked what is in the accounts her said that it what they charge things like admin.
Customer: replied 6 days ago.
sorry that should say the lease holders

Ok you will need to write to them formally and request sight of the service charge account, details of any reserve account, and full details of the proposed works as required together with estimates for the works.

Customer: replied 6 days ago.
We all have E-mailed requesting and they have never responded to any of the flats requests

They cannot undertake the works or seek funds from you until they provide the information.

Customer: replied 6 days ago.
They never send an invoivce to us but threaten us with court if we get behind but we are all payed up to date.
Customer: replied 6 days ago.
what are our right is they don't provide the account information

They cannot demand monies for works without providing you with details of the same. If they are substantial works they are required to serve a section 20 notice detailing the works and providing estimates and having a consultation on the same. You can challenge any demand they do make if they do not follow procedure.

Customer: replied 6 days ago.
if they are not letting us have a brake down of the accounts with a summary of what is founds are left in the account. do we have any legal way obtaining this information
Customer: replied 6 days ago.
My main concern is that they have been using the services charge and not keep any accounts

Under the Landlord and Tenant Act leaseholders have a legal right to request inspection of the service charge account. Your lease may also make reference to this. Please look at the following link from the lease advisory service with a template letter to be sent to the freeholder:-

https://www.lease-advice.org/faq/how-can-i-find-out-what-my-service-charge-is-being-used-for/

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