Inspecting service charge accounts: LTA 1985 s. 22
Once a service charge summary is obtained, tenants have six months to ask to inspect underlying documents. Landlords must provide free access within one month.
This section applies where a tenant, or the secretary of a recognised tenants’ association, has obtained such a summary as is referred to in section 21(1) (summary of relevant costs), whether in pursuance of that section or otherwise. The tenant, or the secretary with the consent of the tenant, may within six months of obtaining the summary require the landlord in writing to afford him reasonable facilities— for inspecting the accounts, receipts and other documents supporting the summary, and for taking copies or extracts from them. A request under this section is duly served on the landlord if it is served on— an agent of the landlord named as such in the rent book or similar document, or the person who receives the rent of behalf of the landlord; and a person on whom a request is so served shall forward it as soon as may be to the landlord. The landlord shall make such facilities available to the tenant or secretary for a period of two months beginning not later than one month after the request is made. The landlord shall— where such facilities are for the inspection of any documents, make them so available free of charge; where such facilities are for the taking of copies or extracts, be entitled to make them so available on payment of such reasonable charge as he may determine. The requirement imposed on the landlord by subsection (5)(a) to make any facilities available to a person free of charge shall not be construed as precluding the landlord from treating as part of his costs of management any costs incurred by him in connection with making those facilities so available.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When a leaseholder or a secretary of a recognised tenants' association receives a service charge summary under section 21(1), they have the legal right to inspect the supporting accounts, receipts, and invoices. A request to inspect these documents must be submitted in writing within six months of receiving the summary.
The request can be served directly on the landlord or on the rent collector or managing agent named in the rent book, who must pass it on to the landlord. Once requested, the landlord must make reasonable facilities available for inspection free of charge within one month, and maintain those facilities for a period of two months.
While viewing and inspecting documents is free, landlords are permitted to charge a reasonable fee if the tenant requests copies or written extracts. Landlords may also include their administrative costs of providing inspection facilities as part of their general management expenses.
When it applies
- A leaseholder receives an annual service charge summary and writes to the landlord requesting to see invoices for recent communal roof repairs.
- The secretary of a recognised tenants' association requests to inspect the electricity receipts for shared hallway lighting within six months of receiving the cost summary.
- A tenant asks for photocopies of invoices supporting a service charge summary and receives a bill for reasonable copying charges.
What this section does not say
- Demanding to inspect receipts before obtaining a formal service charge summary under section 21(1).
- Refusing to pay service charges solely because a landlord failed to provide inspection facilities.
- Challenging whether the underlying management or repair costs were reasonable in amount or standard.
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This page reproduces the text of LTA 1985 s. 22 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.