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In most blocks the landlord instructs the managing agents. This lack of accountability by the paying leaseholders gives rogue agents the scope to exploit the situation through such misfeasance as (a) demanding service charges for substandard or non-existent services/works (b) imposing high administration charges and (c) requiring on account payments for works without carrying them out.
Each leaseholder should review their service charge accounts annually and identify any unusual items of expenditure. The landlord must supply a leaseholder with a summary of the accounts within one month of a request. Also, within six months thereafter the leaseholder has a right to inspect the accounts and receipts - advisable if the accounts have not been professionally audited. Leaseholders are only obliged to pay “reasonable” service and administration charges. Leaseholders should apply to the Leasehold Valuation Tribunal to dispute an item of service charge expenditure, even if the service charge has been paid.
If the cost of substantial works exceed £250 per leaseholder, a statutory consultation procedure must be followed - otherwise the leaseholders’ contributions maybe limited to £250 each. However if the works are less than £250 per leaseholder than a rogue agent may instruct associated contractors or those working under a job referral arrangement. Leaseholders suspicious of such practices should instruct a surveyor to inspect and confirm the works and charge made is reasonable.
Leases usually allow for the landlord to collect advance payments. Such payments assist in budgeting for substantial works but can also be used by rogue agents to amass funds. Withholding payment may breach the lease. Payments made must be held on trust for the leaseholders in a separate bank account for the specific purpose for which it is requested. If a rogue agent fails to use the funds for the specific purpose, the leaseholders can sue the agent.