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leaseholder-financial information request to landlord
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marc3
Posts: 315 Forumite


I am seeking financial information from the landlord where i am a leaseholder.
My understanding and reading of this is that it is a statutory right upon request by leaseholders and/or tenants for this info to be provided (under1985 landlord and tenant act )
what is not quite so clear is perhaps where that refers to 'financial information'-arguably a bit vague
i.e does that include bank statements ?
I am seeking a couple of specific bank statements from the landlord who is unwilling to provide them.( to the best of my knowledge ,there is no other money going into-or out of - this account apart from leaseholders monthly service charges )
I do know that there is very little money in the account-which is fine-as a leaseholder i contribute a service charge into this account-and really can't see why the landlord does not feel it appropriate to release the info-i contribute by way of a service charge as detailed above.
to me-the word 'financial info'-would include upon request bank statements-not just copies of accounts-but it is not specific in the landlord and tenant act as far as i am aware-it simply says financial information.
Can anyone either say with certainty-if the landlord is/is not obliged to release bank statements-upon request ?
Has anyone had a similar experience ?
Either way,given the landlords reluctance-what would be my next step to obtaining them ?
many thanks
My understanding and reading of this is that it is a statutory right upon request by leaseholders and/or tenants for this info to be provided (under1985 landlord and tenant act )
what is not quite so clear is perhaps where that refers to 'financial information'-arguably a bit vague
i.e does that include bank statements ?
I am seeking a couple of specific bank statements from the landlord who is unwilling to provide them.( to the best of my knowledge ,there is no other money going into-or out of - this account apart from leaseholders monthly service charges )
I do know that there is very little money in the account-which is fine-as a leaseholder i contribute a service charge into this account-and really can't see why the landlord does not feel it appropriate to release the info-i contribute by way of a service charge as detailed above.
to me-the word 'financial info'-would include upon request bank statements-not just copies of accounts-but it is not specific in the landlord and tenant act as far as i am aware-it simply says financial information.
Can anyone either say with certainty-if the landlord is/is not obliged to release bank statements-upon request ?
Has anyone had a similar experience ?
Either way,given the landlords reluctance-what would be my next step to obtaining them ?
many thanks
0
Comments
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What does your lease say?
In situations where there are modern leases with several leaseholder's such as in blocks of flats, there is usually a requirement to provide audited accounts.
At the other end of the spectrum, the lease may make no provision for the supply of financial information at all.
If the lease is silent, you do have a statutory right to relevant financial information but this does not extend to sight of the landlord's bank account.0 -
I ca't answer your specific query, but http://lease-advice.org/ has a huge amount of helpful information on leaseholder's rights.0
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thanks for replies-lease does saty 'financial information to be made available.
as above fin info is somewhat vague-does it include bank statements?
freecall says no-possibly correct-but is that response based on clear fact-or supposition?
.thanks again to date0 -
Is the freeholder an entity or just a single person who happens to own the freehold? If the latter it wouldn't be reasonable to demand personal bank accounts statements. Audited accounts should be sufficient in either case.
What is it you are aiming to accomplish by viewing this information? Xx0 -
AnnieO1234 wrote: »Is the freeholder an entity or just a single person who happens to own the freehold? If the latter it wouldn't be reasonable to demand personal bank accounts statements. Audited accounts should be sufficient in either case.
What is it you are aiming to accomplish by viewing this information? Xx
Service charge monies are legally required to be held in trust in a suitable account. They should not be mixed up with freeholder's personal finances.0 -
OP hasn't elaborated that they are looking at service charge monies though; that's partly my point. What are they actually seeking to prove? Xx0
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starving_artist wrote: »Service charge monies are legally required to be held in trust in a suitable account.
This is true although in this case without knowing more about the actual situation it is difficult interpret how this might be implemented in practice.
For example, many landlords never hold funds and so the requirement is irrelevant. The OP uses the plural and so presumably there is more than one property contributing although they could be referring to other non-domestic contributors. If it is more than 4 dwellings there will have to be audited accounts which again, rather makes bank statements irrelevant.
Perhaps the OP could state the problem being encountered and what is trying to be achieved as it is not completely clear.
Looking at the lease would help put things in perspective as would a description of the physical situation with the dwellings(s).0 -
answering a couple of questions-i am both leaseholder and landlord .
landlord is the management committee of 5 of which i am one owner of one of the properties in the hmo.
we all pay an equal monthly mnagement charge.
secretary and chairman do the accounts.
i do not believe anything siister is occuring, but simply wish to check the timings of a few recent outgoings and ingoings into the service charge account.
there are no other funds going in/out of the account 9as far as i know-but do not suspect any foul play.
it is simply a matter of timings i need to check.
however, all of a sudden chairman and secretary do not wish other members to see the bank statements.
(the other 2 members are effectively 'sleeping' and don't give two hoots either way so no real support there )
to me its a matter of transparency.
as above-as a leasholder -i am entitled to see financial information,under the landlord and tenant act (and my lease )
the wording -' financial information ' is unfortunately vague.
some-as i would do -interpret that as full info including bank statements if requested.(there is not much in the accounts anyway-and one fifth is my contribution-so its a bit like not beig able to see your own bank statement !!)
others may say its reasonable to provide accounts only which is position of chairman and secretary
I am simply seeking a definitive view-and if anyone has 'been here before'.
i am one for complete transparency.
that may not make me right.
on the other hand-it may not make me wrong !0
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