This article is for informational purposes only and does not constitute professional advice.
Always seek the guidance of a qualified expert for specific concerns.
A Section 22 request refers to a formal right given to leaseholders under Section 22 of the Landlord and Tenant Act 1985. This right allows a leaseholder to request detailed information about the service charges they are being asked to pay, including access to invoices, receipts, and other documents that support the landlord’s or management agent’s service charge accounts.
Purpose of a Section 22 Request
The main purpose of a Section 22 request is to ensure transparency and accountability in how service charge funds are used. It enables leaseholders to verify that the charges demanded are reasonable and actually reflect costs incurred for the maintenance, management, or repair of the building or estate.
How It Works
- Before making a Section 22 request, the leaseholder must have already received a summary of relevant costs under Section 21 of the same Act.
- Once that summary is provided, the leaseholder can issue a written Section 22 request to the landlord or managing agent asking to:
- Inspect the accounts, receipts, and other documents supporting the summary.
- Take copies or extracts from those documents (at their own expense).
- The landlord or managing agent must then make these documents available for inspection within one month of the request, or within six months of providing the summary (whichever is later).
What You Can Request
Under Section 22, you can request to see:
- Invoices and receipts for works or services charged to the service charge account.
- Contracts or quotes for major works or maintenance.
- Bank statements showing payments made from service charge funds.
- Any other documents used to calculate or justify the service charge demands.
Failure to Comply
If a landlord or managing agent fails to comply with a Section 22 request, they may commit a criminal offence. The local housing authority can prosecute, and the landlord or agent could face a fine. Non-compliance can also weaken their position if a leaseholder later challenges the reasonableness of service charges before a tribunal.