The lease states that a certification of individual leaseholders liability is required

What is the risk?

The lease may specify that the independent accountant should certify a Statement setting out the individual lessee’s share of the total expenditure, the payments made on account and the resulting shortfall or surplus.

The Upper Tribunal decision in Powell + Co Investments Limited (January 2021) found that no sum was payable by the leaseholders because the accounts did not include such a certificate to satisfy the contractual requirements of the lease.

Residential Service Charge accounts

The residential service charge accounts should include any certificate, statements and signatories that are required by the lease and care should be taken to ensure that any certificates or statements follow the exact terminology used in the lease.

To discuss the above further, please contact

Sam Routledge
Manager – Property Management Accounting
01603 227608
sam.routledge@mapartners.co.uk

Andrew Potts
Service Charge Consultant
07887626245
andrewpotts18@aol.co.uk

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