First-tier Tribunal Certifies Tenants' Association Under Landlord and Tenant Act 1985
📌 In brief
The First-tier Tribunal certified a tenants' association under the Landlord and Tenant Act 1985 because it represented more than half of the qualifying tenants in the property.
⚖️ Legal holding
A tenants' association is entitled to certification under the Landlord and Tenant Act 1985 if it represents more than 50% of the qualifying tenants and its constitution is fair and democratic.
📖 What the law says
A 'recognized tenants' association' is defined as an association of qualifying tenants (which can include other tenants) recognized either through a written notice from the landlord to the association's secretary or through a certificate issued by the First-tier Tribunal for properties in England.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal certified a tenants' association under the Landlord and Tenant Act 1985.
📜 Headnote Official document
The Tribunal certified a tenants' association representing more than 50% of the qualifying tenants in the property, following the Landlord and Tenant Act 1985.
📚 Full judgment Official document
OUTCOME: Allowed
FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case Reference : MAN/00DA/HTA/2020/0003
Property : [ADDRESS] [POSTCODE]
Applicant : [redacted] : [NAME] (Chair)
[NAME] (Secretary)
Respondent: [redacted] and [COMPANY] ( as Trustees of [COMPANY])
Type of Application : Landlord and Tenant Act 1985 – s29
Tribunal Members : Tribunal Judge C. Wood
Tribunal Member S. Latham
Date of Decision : 21 September 2021 _______________________________________________
DECISION
CROWN COPYRIGHT 2021
Order 1. In accordance with section 29(1)(b)(i) of the Landlord and Tenant Act 1985, the Tribunal certifies the Applicant as a registered tenants’ association.
Background 2. Pursuant to the Tribunal’s decision and directions dated 12 April 2021, (“the Decision”), both parties made written submissions to the Tribunal.
3. Neither party requested a hearing and it was therefore agreed that the matter would be determined on the papers by the Tribunal on Tuesday, 14 September 2021. Reasons 4. The Tribunal referred to paragraph 10 of the Decision. Its decision is made on the basis that the position as confirmed by the Applicant’s email dated 17 March 2021 that it represents more than 50% of the qualifying tenants situated in the Property has not changed.
5. The Tribunal considered the Applicant’s written submissions including, without limitation, a copy of the amended constitution, as approved by the members on 10 August 2021.
6. The Tribunal was satisfied that the amendments made to the constitution addressed the issues raised by the Tribunal in paragraph 13 of the Decision.
7. The Tribunal was therefore satisfied that the Applicant’s constitution, as amended, was fair and democratic.
Judge C Wood 21 September 2021
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Tenant Association Granted Recognition by First-tier Tribunal
- First-tier Tribunal (Property Chamber) Tenants Win Rent Repayment Order Against Landlord for Unlicensed HMO
- First-tier Tribunal (Property Chamber) Landlord Granted Dispensation for Urgent Roof Repairs
- First-tier Tribunal (Property Chamber) Tribunal rules against service charges for standalone leasehold houses
- First-tier Tribunal (Property Chamber) First-tier Tribunal Recognises Burne Jones House Tenants Association
- First-tier Tribunal (Property Chamber) First-tier Tribunal Upholds Tenant Consultation Rights
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Reasonable Rent for Tenancy
- First-tier Tribunal (Property Chamber) Tenant Association Recognised for Four Years
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rules on Service Charges: Refunds Ordered
- First-tier Tribunal (Property Chamber) Tenant Wins Repayment of Holding Deposit Excess Under Tenant Fees Act 2019
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenants' association was certified because it represented over 50% of the qualifying tenants.
- The tribunal was satisfied that the constitution was fair and democratic after amendments were made.
- The amendments made to the constitution successfully addressed the issues previously raised by the tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It decided to certify a tenants' association under the Landlord and Tenant Act 1985.
Who was involved?
A tenants' association and the landlord were involved.
How did the court decide, and why?
The court decided to certify the association because it represented more than 50% of the qualifying tenants and had a fair and democratic constitution.
Which laws or rules were applied?
The Landlord and Tenant Act 1985 was applied.
What was the argument that mattered most?
The argument that mattered most was that the association represented more than 50% of the qualifying tenants and had a fair and democratic constitution.
Was the decision for or against the person who brought the case?
The decision was for the tenants' association.
What does this mean for someone in a similar situation?
Someone in a similar situation may also be able to get their tenants' association certified if they meet the criteria.
What evidence or documents mattered?
Written submissions and the association's constitution were important.
Can a decision like this be appealed?
Yes, decisions like this can be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for such cases.