First-tier Tribunal Grants Certificate of Recognition to Tenants' Association

OUTCOME: Allowed

Case reference Premises : : MAN/00CX/HTB/2024/0001 501 [ADDRESS], [POSTCODE] Applicant: [redacted] Respondent : [redacted] Type of [NAME] : Recognition of tenants’ [APPELLANT] under s.29 of the Landlord and Tenant Act 1985 Tribunal members : Judge P [NAME] [NAME] of Decision : 29 May 2023 DECISION © CROWN COPYRIGHT 2024 FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Decision The Tribunal grants a certificate of recognition to [APPELLANT] for a period of 5 years. Background 1. The Tribunal received an [NAME] for a certificate of recognition for Victoria Mills Tenants’ [APPELLANT], being an established tenants’ [APPELLANT] in relation to premises known as 501 [ADDRESS], [POSTCODE] (“the Premises”).

2. The [NAME] was made under s.29 of the Landlord and Tenant Act 1985 (“the Act”). The Respondent is [APPELLANT]. the freehold owner of the Premises and the landlord under the long leases.

3. On 12 March 2024, the Tribunal gave directions for the conduct of this matter. The parties were informed that the [NAME] would be determined on the papers unless either party gave notice requiring an oral hearing to be arranged. No such notice was received, and we have therefore determined the [NAME] upon consideration of the papers supplied by the parties. The Law 4. An [APPELLANT] which is a “recognised tenants’ [APPELLANT]” as defined by s.29(1) of the Act has certain rights concerning the management of the Premises concerned: it has the right: – • to nominate contractors for tender in a statutory consultation process carried out by the landlord under s.20 of the Act; • to be sent copy estimates obtained for the purposes of such a consultation process; • to ask for a summary of costs incurred by a landlord (s.21); • to inspect relevant accounts and receipts for expenditure (s.22); • to ask for a written summary of insurance cover; and • to ask to be consulted about the appointment or re-appointment of a managing agent (s.30B).

5. An [APPELLANT] of qualifying tenants may be recognised for these purposes by notice given by the landlord. Alternatively, it may be recognised by a certificate given by the Tribunal under s.29(1)(b)(i) of the Act.

6. In deciding whether to grant a certificate of recognition, the Tribunal must apply the Tenants’ Associations (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018 (“the Regulations”).

7. Regulation 3 lists the following matters to which the Tribunal must have regard when deciding whether to give a certificate of recognition:

• the composition of the membership of the tenants’ [APPELLANT]; • the tenants’ [APPELLANT]’s rules regarding membership, including whether tenants who are not qualifying tenants are entitled to become members; • the tenants’ [APPELLANT]’s rules regarding decision [NAME]; •

the tenants’ [APPELLANT]’s rules regarding voting; • the extent to which any fees or charges payable in connection with membership of the tenants’ [APPELLANT] apply equally to all members; • the extent to which the constitution of the tenants’ [APPELLANT] takes account of the interests of all members; • the extent to which the tenants’ [APPELLANT] is independent of the landlord of the dwellings to which the [APPELLANT] relates; • whether the tenants’ [APPELLANT] has a chairperson, secretary and treasurer; • whether the constitution of the tenants’ [APPELLANT] may be amended by resolution of the members and the rules regarding amendment; • whether the tenants’ [APPELLANT]’s constitution, accounts and list of members are kept up to date; and available for public inspection; and • the extent to which the [APPELLANT] operates in an open and transparent way.

8. Regulation 4 provides that the Tribunal must not give a certificate of recognition in certain circumstances: where the tenants’ [APPELLANT] represents fewer than 50% of the qualifying tenants; where a previous certificate is still in force; and where the Tribunal is not satisfied that the constitution and rules of the tenants’ [APPELLANT] are fair and democratic. Grounds for the [NAME]

9. The Applicants refer to the previous [NAME] under reg.11 of the 2018 Regulations and the previous Tribunal’s decision dated 10 January 2024 (MAN/00CX/HTB/2023/0001). This provided that if the Respondent failed to comply with reg.4(5) the need for the [APPELLANT] to represent at least 50% of the qualifying tenants in an [NAME] for a certificate of recognition under s.29(1)(b)(i) of the Act would no longer apply. The Respondent has not complied with the Tribunal’s previous decision and therefore the Applicant applies for a certificate of recognition, despite not reaching the threshold of at least 50% of qualifying tenants. Respondent’s response 10. In its response dated 17 April 2024, the Respondent refers to the Tribunal’s decision but does not claim to have complied with reg.4(5) of the Regulations. It seeks to relitigate matters which have already been decided. It is stated that: “… if the court (sic) will not defer their decision until after the FTT then we would fully respect this decision. However, we would like to ask the court (SIC) to put firm guidelines/boundaries in place due to the current dispute for the [NAME] to abide by”.

Consideration 11. The Respondent has not complied with reg.4(5) of the Regulations, and it follows in accordance with the previous Tribunal’s decision dated 10 January 2024 that the requirement to for the Applicant to represent at least 50% of the qualifying tenants is dispensed with.

12. The Respondent has not objected to the recognition of the tenants’ [APPELLANT] but has expressed concerns as to the members’ views of the rights this recognition will bring. The scope and powers of a recognized tenants’ [APPELLANT] are set out in law. The Tribunal can neither extend nor limit these rights.

13. The Tribunal is satisfied that there are no circumstances which prevent it giving a certificate of recognition in this case. Indeed, having reviewed a copy of the [APPELLANT]’s rules and constitution and having had regard to the matters specified in regulation 3, it is satisfied that it is appropriate to give such a certificate and that the [APPELLANT] should thereby be recognized under the Act for a period of five years. 29 May 2024 Judge P [NAME] OF APPEAL If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber) then a written [NAME] for permission must be made to the First-tier Tribunal at the Regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the Regional office within 28 days after the Tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates (i.e., give the date, the property and the case number), state the grounds of appeal, and state the result the party [NAME] the [NAME] is seeking

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