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Section 22 (Right to view Supporting Documentation)

Summary

1. Section 22 gives leaseholders, or the secretary of a recognised residents’ association, the right to inspect accounts, receipts and other documentations relating to a service charge.

2. The request must be:

i. Made within 6 months of receiving a summary of the relevant service charge.

ii. Made in writing to the landlord, their agent, or anyone else who collects the service charge on their behalf.

3. The landlord or their agent is required to provide access, and photocopying facilities at a ‘reasonable’ cost, within 1 month of receiving the request.

4. Access should be allowed for a period of 2 months.

5. This rule relates to any type of service charge bill, including both the annual (or 3 or 6 monthly) service charge for day to day service provision and invoices for major works.

Failure to Comply

1. Failure to comply with 22 is an offence.

2. Section 25 of the Landlord and Tenant Act 1985 states that a landlord is liable for punishment of a fine up to £2,500 for not complying with Sections 22.

3. Local authorities, new town corporations, and national park authorities are expected to comply but they cannot be fined for failure to do so.

4. Leaseholders need to apply to the Housing Ombudsman to complain if their local authority, or other exempt landlord, does not comply with Section 22.

Relevant Case Law

See the section of our case law library on Rights to Information.

Click on the link to read more about the Landlord and Tenant Act 1985