Appointment of a surveyor and management audits
Conclusions
The two powers provide great opportunities for tenants to examine and evaluate the arrangements for the management and repair of their premises and to know how the service charges are made up.
Neither right provides an end in itself but can provide information and evidence to enforce better management, to challenge service charges, or insurance costs or to apply for the replacement of the landlord with a new manager.
The 1996 Act rights for the appointment of a surveyor are more flexible than the 1993 Act management audit arrangements and should be of great benefit to tenants.
| Management audit | Appointment of a surveyor |
|---|---|
| Eligibility | |
| ‘qualifying tenants’ (long leaseholders) only who pay a service charge | recognised tenants’ associations |
| tenants of single dwellings | |
| one or both tenants of building in two dwellings | |
| two-thirds of all qualifying tenants in buildings of three or more dwellings | |
| Appointment | |
| must be a qualified surveyor or a qualified accountant | must be a qualified surveyor |
| not a tenant of the premises | no conditions |
| may appoint an assistant | may appoint an assistant |
| must provide notice of appointment to landlord | must provide notice of appointment to landlord |
| the notice needs to be signed by each tenant on whose behalf it is given | no prescribed format |
| Right to inspect documents | |
| summary of relevant costs (1985 Act) | any documents reasonably required |
| accounts, receipts, and other documents supporting that summary | |
| any other documents reasonably required | |
| landlord has one month to comply | landlord has one week to comply “or as soon as is reasonably practicable” |
| Right to inspect premises | |
| common parts in the relevant premises or “appurtenant property” (property not contained in the relevant premises but which is included in the management functions) | common parts in the relevant premises or “appurtenant property” (property not contained in the relevant premises but which is included in the management functions) |
| building or buildings containing the dwellings let to the qualifying tenants | building or buildings containing the dwellings let to members of tenants association |
| landlord has one month to comply or provide alternative date for inspection within two months | landlord must comply within a “reasonable period” |
| Where landlord fails to comply | |
| application to court two months after service of notice (but within four months) | application to court one month after service of notice (but within four months) |
| Duration of appointment | |
| ceases on completion of the audit (no prescribed procedures) | ceases if the association gives notice in writing to the landlord or if the association ceases to exist |
- Last updated:
- 27 August 2021
- Next review:
- 12 December 2026
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