Leaseholders’ Associations operate within a statutory framework designed to support transparency, accountability, and informed oversight of service charges and building management.
Where the relevant legal conditions are met, leaseholders’ associations may exercise a number of important statutory rights on behalf of their members. These rights exist to enable leaseholders to understand, scrutinise, and, where necessary, challenge how service charges and related matters are managed.
Core Statutory Rights
Subject to statutory requirements and procedures, leaseholders’ associations may have rights that include:
- Requesting a summary of service charges incurred by the landlord
- Inspecting accounts, receipts, and supporting documents relating to those service charges
- Viewing buildings insurance cover and inspecting the policy
- Reviewing estimates obtained for long-term agreements or qualifying works
- Nominating contractors to be invited to tender for long-term agreements or qualifying works
These rights are intended to ensure that leaseholders are able to engage meaningfully with how service charges are calculated, allocated, and spent.
Appointment of Independent Professionals
In addition to information and inspection rights, leaseholders’ associations may, in certain circumstances and at the members’ cost, exercise statutory rights to appoint appropriately qualified independent professionals, including:
- A qualified surveyor, with rights of access to relevant documents and premises for the purpose of advising on service charges
- A qualified accountant or surveyor to audit service charge accounts
The purpose of these provisions is to allow leaseholders to obtain independent, expert analysis where specialist technical or financial expertise is required.
Use of Independent Evidence
Independent professional reports obtained through the exercise of statutory powers may, where appropriate, provide the factual and evidential basis for resolving disputes relating to service charges and associated matters.
Where disputes cannot be resolved informally, such evidence may be relied upon in statutory processes, including proceedings before the First-tier Tribunal (Property Chamber), which determines service charge disputes in accordance with leasehold legislation.
The right to request relevant information for these purposes is statutory. Commercial confidentiality cannot, in itself, be relied upon as a basis for refusing disclosure where the statutory conditions are met.
Practical Considerations
- The availability and exercise of statutory rights depend on factors such as legal status, membership thresholds, and procedural compliance
- Some rights are exercisable by leaseholders’ associations, while others apply to individual leaseholders
- The cost of appointing independent professionals is borne by members of the association
- All statutory rights must be exercised in accordance with the relevant legislation
Leaseholders considering the exercise of statutory rights should refer to authoritative guidance or seek independent professional advice.
Further Guidance
Independent information on leaseholders’ statutory rights is available from:
Important Note
This page is provided for general information only. It does not constitute legal or professional advice, nor does it imply that any statutory rights are being exercised in any particular case.
