Leasehold Reform, Housing and Urban Development Act 1993

79 Rights exercisable in connection with management audits. E+W

(1) Where the qualifying tenants of any dwellings exercise under section 80 their right to have a management audit carried out on their behalf, the rights conferred on the auditor by subsection (2) below shall be exercisable by him in connection with the audit.

(2) The rights conferred on the auditor by this subsection are—

(a) a right to require the landlord—

(i) to supply him with such a summary as is referred to in section 21(1) of the 1985 Act (request for summary of relevant costs) in connection with any service charges payable by the qualifying tenants of the constituent dwellings, and

(ii) to afford him reasonable facilities for inspecting, or taking copies of or extracts from, the accounts, receipts and other documents supporting any such summary;

(b) a right to require the landlord or any relevant person to afford him reasonable facilities for inspecting any other documents sight of which is reasonably required by him for the purpose of carrying out the audit; and

(c) a right to require the landlord or any relevant person to afford him reasonable facilities for taking copies of or extracts from any documents falling within paragraph (b).

(3) The rights conferred on the auditor by subsection (2) shall be exercisable by him—

(a) in relation to the landlord, by means of a notice under section 80; and

(b) in relation to any relevant person, by means of a notice given to that person at (so far as is reasonably practicable) the same time as a notice under section 80 is given to the landlord;

and, where a notice is given to any relevant person in accordance with paragraph (b) above, a copy of that notice shall be given to the landlord by the auditor.

(4) The auditor shall also be entitled, on giving notice in accordance with section 80, to carry out an inspection of any common parts comprised in the relevant premises or any appurtenant property.

(5) The landlord or (as the case may be) any relevant person shall—

(a) where facilities for the inspection of any documents are required under subsection (2)(a)(ii) or (b), make those facilities available free of charge;

(b) where any documents are required to be supplied under subsection (2)(a)(i) or facilities for the taking of copies or extracts are required under subsection (2)(a)(ii) or (c), be entitled to supply those documents or (as the case may be) make those facilities available on payment of such reasonable charge as he may determine.

(6) The requirement imposed on the landlord by subsection (5)(a) to make any facilities available 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.

(7) In this Chapter “relevant person” means a person (other than the landlord) who—

(a) is charged with responsibility—

(i) for the discharge of any such obligations as are mentioned in section 78(1)(a), or

(ii) for the application of any such service charges as are mentioned in section 78(1)(b); or

(b) has a right to enforce payment of any such service charges.

(8) In this Chapter references to the auditor in the context of—

(a) being afforded any such facilities as are mentioned in subsection (2), or

(b) the carrying out of any inspection under subsection (4),

shall be read as including a person appointed by the auditor under section 78(6).