I have been told to serve a Section 22 notice, but the templates I find online seem to be about two different things. Which one applies to me?
There are two separate provisions. Section 22 of the Landlord and Tenant Act 1985 concerns inspecting the accounts, receipts and other documents supporting a service charge summary, and it normally follows a request under section 21 of that Act. Section 22 of the Landlord and Tenant Act 1987 is a preliminary notice connected with an application for a Tribunal appointed manager, identifying the alleged management failures and the remedial steps required. They have different purposes, different users and different consequences, so the correct one must be identified before anything is served.
Both provisions are commonly called a "Section 22 notice", they both appear in leasehold correspondence, and online templates rarely make clear which Act they relate to. The two do entirely different jobs.
This is an information right. Once a tenant, or the secretary of a recognised tenants' association, has requested a summary of relevant costs under section 21, section 22 allows them to require facilities to inspect the accounts, receipts and other documents supporting that summary, and to take copies.
It is about transparency of service charge expenditure. It does not allege wrongdoing, it does not start Tribunal proceedings, and it is not a step toward the appointment of a manager. Our answer on inspecting an RTM company's accounts and invoices explains the sequence, and our answer on inspecting service charge invoices covers the inspection itself.
This is a formal step in the Part II procedure for the appointment of a manager. The notice identifies the failures alleged, specifies the remedial steps required and normally gives the recipient a reasonable opportunity to put matters right before an application under section 24 is made. The Tribunal has power to dispense with the notice requirement in appropriate circumstances, but that should not be assumed.
This notice does allege failures, and it can lead directly to Tribunal proceedings. Our guide to Section 22 preliminary notices and our page on Tribunal appointed management cover it in more detail, and the position where a resident controlled company manages the building is dealt with in our answer on Section 24 and RTM companies.
If your question is "what was the money spent on", the 1985 Act route is the one you want. If your position is "management has failed and this must be remedied or a manager appointed", the 1987 Act notice is the relevant step, and it should be prepared with legal advice.
Do not use a generic online template without confirming which statutory procedure applies. A notice addressed to the wrong party, citing the wrong Act, omitting the remedial steps or giving no reasonable period to comply can waste months and weaken an otherwise sound position.
For the wider picture, see our hub answer on concerns about how an RTM company is being run.
This page provides general information about property management in England and is not legal advice. The appropriate steps will depend on the lease, the RTM company's articles, company membership, the available evidence and the circumstances of the building.
| Point | Section 22, Landlord and Tenant Act 1985 | Section 22, Landlord and Tenant Act 1987 |
|---|---|---|
| Legislation | Landlord and Tenant Act 1985, section 22 | Landlord and Tenant Act 1987, section 22 |
| Purpose | Inspection of the accounts, receipts and other documents supporting a service charge summary. | Preliminary notice setting out alleged management failures before an application for the appointment of a manager. |
| Who may use it | A tenant, or the secretary of a recognised tenants' association, who has already requested a summary under section 21. | A tenant who may apply to the First-tier Tribunal under Part II of the 1987 Act, subject to the Act's exceptions. |
| What it requests or alleges | Facilities to inspect and take copies of the supporting documents. | The specific failures alleged, the remedial steps required and the period allowed to take them. |
| What may follow | Inspection of documents, and potentially a service charge challenge at the Tribunal. | An application under section 24 for a Tribunal appointed manager, if the failures are not remedied. |
| Common mistakes | Asking to inspect before a section 21 summary has been requested, or expecting access to unrelated company records. | Using a generic template that omits the remedial steps or gives no reasonable period to comply. |
Identifying the correct statute at the outset avoids months of wasted correspondence.
Using a template without checking the Act
The two notices have different content requirements and different consequences.
Serving a 1987 Act notice as a way of applying pressure
It is a formal step in a statutory process and should be prepared on advice.
Requesting inspection with no prior summary request
Inspection under the 1985 Act normally follows a section 21 request.
Giving no reasonable period to remedy
A preliminary notice that omits realistic remedial steps and time can undermine a later application.
Most questions on this topic are management questions rather than legal ones, and the two are worth separating. A managing agent can tell you how something works day to day and what it will cost. A solicitor tells you what your rights are and how a Tribunal is likely to view them.
East Valley Properties provides management expertise, not legal advice. Where a matter turns on the wording of your lease or on formal proceedings, we will say so and work alongside your solicitor.
The official material behind this guide. We summarise it in plain English rather than reproducing it.
Request for a summary of relevant costs.
Inspection of supporting accounts, receipts and documents.
Preliminary notice before an application to appoint a manager.
Appointment of a manager by the Tribunal.
Current Tribunal forms and official guidance.
Clear budgets, designated client accounts and year-end accounts leaseholders can actually follow. We can review your current arrangement at no cost.
Answered by Romain Maillard - Director, East Valley Properties
Romain manages residential blocks and estates for RTM companies, residents' management companies, share of freehold developments and freeholders across East London and Essex.
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This answer has been anonymised. Personal details, addresses and company names have been removed. Guidance is general and does not replace advice from a solicitor or surveyor on your specific block. East Valley Properties is a managing agent, not a firm of solicitors or legal advisers.
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