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A Property Management Regulatory Failure in SW15
An analysis of the events at Garden Royal from 2020

The following was generated using ChatGPT.
It should be noted that the response corresponds to the manual research carried out.

Research

The research commenced with putting the following phrase to it:

"The Accountants role in providing Certified Service Charge Accounts in a Leasehold Environment"

Having cognisance of the fact that at Garden Royal, the Certifying Accountant is forced to realy on unsubstantiated data, the following response which was generated may not be entirely correct. This is because the nature of "an audit" [in 1960's terms] has changed in the last decades; Noted also that the Terms and Conditions of their appointment by Kersfield Maintenance Ltd at Garden Royal is unknown:

The role of an accountant in providing certified service charge accounts within a leasehold environment is critical for ensuring transparency, compliance with regulations, and fairness for both the landlord and tenants.

Breakdown of an Accountant's Responsibilities:
  • Preparing Service Charge Accounts
    • Accurate Record-Keeping:
      The accountant must track all service charge income and expenditure meticulously. This includes managing invoices, receipts, and any financial documentation related to the service charges, which cover things like maintenance, management fees, repairs, and communal area costs.
    • Allocate Costs Appropriately:
      Costs need to be accurately allocated to individual leaseholders based on the terms of their leases. This could be on a pro-rata basis, depending on the lease agreements.
  • Certified Accounts
    • Certification:
      A certified service charge account provides assurance that the financial statements are accurate and have been prepared in accordance with proper accounting standards. Typically, this involves preparing the accounts in compliance with the service charge provisions of the lease, and sometimes in accordance with the RICS (Royal Institution of Chartered Surveyors) Code of Practice or other relevant standards.
    • Independent Audit:
      In some cases as at Garden Royal, a third-party auditor or the accountant may need to verify the service charge accounts to ensure accuracy and compliance. This provides an independent check on the finances, which adds credibility and transparency.
  • Transparency and Communication
    • Clear Reporting:
      The accountant must ensure that the service charge accounts are easy for leaseholders to understand. This means providing clear breakdowns of costs and explaining any variances between estimated and actual charges.
    • Statement of Accounts:
      They must provide a detailed statement to all tenants, outlining the annual costs, the charges for each service, and the year-end reconciliation between estimated and actual costs.
    • Handling Disputes:
      If tenants challenge the charges, the accountant should be prepared to provide detailed explanations and supporting documentation. If necessary, the accountant might also assist in resolving disputes by offering clarification on the accounting practices.
  • Compliance with Lease Terms and Legislation
    • Adhering to Lease Terms:
      The accountant must ensure the service charge account is prepared in accordance with the lease agreement’s provisions. This includes ensuring that only appropriate and reasonable costs are included in the charge.
    • Regulatory Compliance:
      The accountant must stay up-to-date with any changes in laws or regulations that govern service charges in leasehold environments, such as the Landlord and Tenant Act 1985 or any local legislation regarding the management of service charges.
  • Managing Reserves and Forecasting
    • Reserve Funds: 
      Service charge accounts often include reserve funds for future maintenance or large-scale repairs (like roof work as at Garden Royal). The accountant must ensure these funds are properly managed and clearly explained in the accounts.
    • Forecasting:
      Accurate forecasting is key to setting service charge budgets for future years. The accountant must prepare forward-looking projections based on previous expenditure and anticipated future costs. This helps to avoid large fluctuations in service charges and ensures the budget is balanced.
  • Fulfilling Legal and Administrative Requirements
    • Annual Statement:
      Under the Landlord and Tenant Act 1985, landlords are required to provide a summary of service charges within six months of the end of the financial year. The accountant must ensure this is done correctly. At Garden Royal the lease is clear that it will be as expeditiously as possible after two months.
    • S106 Service Charge Enquiries:
      If there are legal disputes related to the service charge, an accountant might be called upon to provide evidence, such as account details and breakdowns, to resolve issues like overcharging or mismanagement.
  • Advising on Leasehold Matters
    • Providing Expert Advice:
      In some cases, an accountant in a leasehold environment may also offer advice on the overall management of the property, suggesting cost-saving measures, optimal service charge distribution, or improvements in operational efficiency.
    • Preparation for Lease Extensions or Sales:
      When a leaseholder is extending their lease or selling their property, the accountant might need to provide financial details of service charges as part of the due diligence process.
In summary

The accountant’s role is pivotal in ensuring that service charge accounts are accurate, fair, transparent, and compliant with legal requirements. They not only manage the finances but also communicate clearly with leaseholders and provide reassurance that the service charge is being handled correctly and responsibly.

Comments

First of all the reader is invited to confirm that they have read the history and correspondence etc etc as is provided on this site.

It would appear that the accountants have been deliberately misled by the Board of Kersfield Maintenance Ltd.  In particular over insurance, and  following the discovery by Messrs Alianz of the false declaration or statement of facts leading to cancellation the apportionment 

Conclusions

Three successive firms of Accountants have failed in one way or another [one dismally] in their responsibilities.

Messrs Kirk Rice were first appointed in 2017 to prepare the accounts for the year ended 31st December 2016. Their appointment seems to have been terminated on the change of managing agent from JCFPM to Rendall & Rittner. Their main sin was a failure to certify the accounts properly - and one can fully understand why. In retrospect [easily said after the event] they should have simply walked off the job after finding out about the cladding - not being Section 20 compliant.

Messrs Carter Coley were first appointed in 2023 and lasted long enough to have the accounts given to them retyped [with errors], and then challenged for false apportionment of insurance costs for the year. They were sacked at the AGM in 2023. This firm also produced accounts showing transactions for a dormant company to wit Kersfield Maintenance Ltd. What scam was proposed is unknown ! The firm is unsurprisingly in disarray.

Messrs Watsons took over in 2024 to produce the accounts for year ended 31st December 2023. They corrected the accounts for Kersfield Maintenance Ltd reversing the transaction recorded by Carter Coley. They failed to record [or were not advised of] the supposed rebate from Messrs Allianz . . . which would simply not have passed the common sense test. It seems that several lessees soaked up the rubbish published by Rendall & Rittner.

Complaints were raised with the ICAEW. Kicrk Rice suffered  - they should simply have refused to certify and stated in the accounts as to why.

Words cannot describe Carter Coley and their relationship with Kersfield Maintenance Ltd. From their web site and data on Companies House it seems that the offending partner has departed.

Watsons have done what they can. As at 1st March 2026, it remains to be seen whether they remain as accountants . . . 

The ICAEW have a lot of work to do in helping their members combat the thievery of certain Property Managers and on occasion the Boards and Directors of Freeholders in a Commonhold situation.