First-tier Tribunal Grants Five-Year Recognition Certificate to Tenants' Association

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : CAM/26UG/HTA/2024/0601 Property : [ADDRESS], The Clock Tower, [ADDRESS], [ADDRESS], [ADDRESS] and [ADDRESS], [ADDRESS], St Albans

Applicant

Representative

:

: [COMPANY]

[NAME] Respondents

: [redacted] [NAME] [NAME] (Eastern) [COMPANY] 2. [COMPANY]. ([NAME])

Representative

DAC Beachcroft Fairweather Law Type of [NAME] : Recognition of a [NAME] Association

Tribunal member(s)

:

[NAME](Hons)

Date of decision : 29 September 2025

DECISION

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Decision: The tribunal grounds the certificate of recognition of the applicant’s [NAME]’ association for a period of five years commencing with the date of this decision.

Reasons Background 1. On 27 November 2024 the applicant applied to the tribunal for a certificate of recognition as a [COMPANY] as set out in the 1985 Act and The Tenants’ Associations (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018.

2. The Applicant also sought an order for the limitation of the Respondent's costs in the proceedings under section 20C of the Landlord and Tenant Act 1985, and an order to reduce or extinguish the Tenants’ liability to pay an administration charge in respect of litigation costs, under paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002.

3. This follows an earlier [NAME] where a certificate was originally granted but set aside on 13 November 2024 (CAM/26UG/HTA/2023/0006)

4. The applicant states that there are 58 flats in the named properties of which 38 are members of the association. As of 8 August 2025, there were 39 members.

5. The 1985 Act contemplates that a tenant’s association may either be recognised by the landlord or by a certificate issued by the FTT. The applicant stated the landlord had not recognised the association and [NAME] had said they would oppose the [NAME].

The Law 6. The relevant provision of the Act, section 29, provides that a recognised [COMPANY], as this resident’s association would be, is an association recognised for the purposes of the provisions of the Act relating to service charges either by a notice in writing given by the landlord to the secretary of the association or by a certificate from this Tribunal. There are various related provisions that are not relevant to this [NAME].

3 Representations

7. At the time of [NAME] the [NAME], the applicant stated that the landlord had not recognised the association and [NAME] had said they would oppose the [NAME].

8. However, on 23 July 2025, Fairweather Law, stating that they were acting for both respondents, confirmed to the Tribunal that their clients consented to the applicant’s [NAME] for recognition.

9. Whilst this would normally mean that a certificate issued by the Tribunal was not necessary, given the history of this matter the Tribunal has decided to proceed to determine this matter as below The Tribunals decision

10. The Tribunal is satisfied that a certificate of recognition of the applicant under the Act should be issued. The constitution and membership of this Association complies with what the Tribunal would expect to see in a recognised [COMPANY] under the Act.

11. The Tribunal note that there is no remaining objection to the recognition of the association.

12. No representations have been made as to the duration of the certificate. The Act gives the Tribunal discretion as to the period for which a certificate is granted and contains no specific factors to be taken account of.

13. A certificate of recognition for the period of five years from today’s

date is attached at Annex 1.

[NAME] under section 20C of the Landlord and Tenant Act 1985, paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002.

14. No representations have been received from either party in respect of the [NAME] by [NAME] for an order under section 20C of the Landlord and Tenant Act 1985, nor for an order to reduce or extinguish the Tenants’ liability to pay an administration charge in respect of any litigation costs, under paragraph 5A of Schedule 11 to the Commonhold and Leasehold Reform Act 2002.

15. If the applicant wishes to pursue this matter they must send any representations (by email marked ‘for the attention of the Tribunal’), copied to the Respondents by 14 October 2025 and the Respondents may make any reply to the Tribunal by 28 October 2025, copied to the Applicants.

4 16. The Tribunal will then determine this matter.

[NAME](Hons) Regional Surveyor

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. 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. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).

5 Annex 1

FIRST-TIER TRIBUNAL (PROPERTY CHAMBER) RESIDENTIAL PROPERTY EASTERN REGION _______________________________

CERTIFICATE OF RECOGNITION OF A TENANTS' ASSOCIATION UNDER SECTION 29 OF THE LANDLORD AND TENANT ACT 1985, AS AMENDED BY PARAGRAPH 10 OF SCHEDULE 2 TO THE LANDLORD AND TENANT ACT 1987

I hereby certify that [COMPANY] ([NAME]) is recognised as an association of tenants of the properties [ADDRESS], The Clock Tower, [ADDRESS], [ADDRESS], [ADDRESS] and [ADDRESS], [ADDRESS], St Albans for the purposes of Sections 18-30 of the Landlord and Tenant Act 1985. This certificate is granted for a period of five years ending on 29 September 2030 unless previously cancelled.

[NAME] ….................................

(one of the persons appointed by he

Lord Chancellor as a member of the

First-tier Tribunal)

Dated: 29 September 2025

To: Secretary of [NAME] Association – [RESPONDENT]

Landlord – [NAME] (Eastern) [RESPONDENT]

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