First-tier Tribunal Grants Five-Year Recognition to Rosslyn Court Residents' Association

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

:

CHI/45UB/HTA/2025/0001

Property

:

[ADDRESS], [ADDRESS], Shoreham by Sea, [POSTCODE]

Applicant

:

[redacted]

Representative

:

[COUNSEL] (Secretary)

Respondent: [redacted]

:

N/A

Type of Application

:

Application for recognition of a [COMPANY] 29(1) Landlord and Tenant Act 1985

Tribunal Member(s)

:

Judge R Cooper

Date of Decision

:

13/09/2024

DECISION

The Tribunal grants a certificate of recognision to [ADDRESS] Association for a period of 5 years.

Background to the application

1. On 14/02/2024 the Tribunal received an application for

2 recognition of a [COMPANY] from [ADDRESS] Association (‘[NAME]’ or ‘the Applicant’), pursuant to s29 of the Landlord and Tenant Act 1985 (‘the Act’)

2. Directions were given by Judge Jutton on 31/07/2024. These included directions that

(i) the Applicant’s application and supporting documents were to stand as its statement of case,

(ii) the Respondent was to send to the Applicant and the Tribunal by 19/08/2024 a statement confirming either that it did not object to the application or, in the event that it did object, the following: • A signed and dated statement with a statement of truth (i.e. “I believe that the facts stated in this statement are true”) which sets out each aspect of its case stating why it objects to the application • Copies of any other relevant documents relied upon • Any witness statements (see below)

Judge Jutton indicated the case was suitable to be dealt with on the papers without an inspection being required, but the parties were advised they could make an application if they considered either to be necessary.

3. No response has been received from the Respondent. Neither party requested an inspection or oral hearing.

4. The Tribunal is satisfied that it is able to make a fair decision without an inspection or a hearing of the appeal, and it is in the interests of justice to do so.

The Documents

5. The Tribunal considered the documents which included: • The application for recognition • Constitution of [NAME] • Evidence of membership of the [NAME] • Minutes of meetings • [NAME] code of conduct for committee member

The law

6. An association which is a “recognised [COMPANY]” as defined by section 29(1) of the Act has certain rights including the following:

(a) the association has a right to ask for a summary of costs incurred by a landlord (section 22 of the 1985 Act),

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(b) a right to inspect relevant accounts and receipts for expenditure (section 22 of the 1985 Act again),

(c) a right to be sent estimates and to nominate contractors for tender under the section 20 consultation procedure of the 1985 Act,

(d) a right to ask for a written summary of insurance cover (the Schedule to the 1985 Act), and

(e) The right to be consulted about the appointment or re- appointment of managing agents (section 30B of the 1985 Act.

7. An association 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 section 29(1)(b)(i) of the Act.

8. 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”).

9. 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 [COMPANY]; • the [COMPANY]’s rules regarding membership, including whether tenants who are not qualifying tenants are entitled to become members; • the [COMPANY]’s rules regarding decision making; • the [COMPANY]’s rules regarding voting; • the extent to which any fees or charges payable in connection with membership of the [COMPANY] apply equally to all members; • the extent to which the constitution of the [COMPANY] takes account of the interests of all members; • the extent to which the [COMPANY] is independent of the landlord of the dwellings to which the association relates; • whether the [COMPANY] has a chairperson, secretary and treasurer; • whether the constitution of the [COMPANY] may be amended by resolution of the members and the rules regarding amendment; • whether the [COMPANY]’s constitution, accounts and list of members are kept up to date; and available for public inspection; and • the extent to which the association operates in an open and transparent way.

4 10. Regulation 4 provides that the Tribunal must not give a certificate of recognition in certain circumstances: • where the [COMPANY] 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 [COMPANY] are fair and democratic.

Discussion and reasons for the decision

11. Having considered the evidence provided by the Applicant, and in the absence of any objection from the Respondent, the Tribunal concluded that it was appropriate for the Tribunal to give a certificate of recognition to [NAME] for the following reasons.

12. The Tribunal is advised that leaseholders from 34 of the 52 flats at the Premises are members of the association. This is supported by the evidence of subscriptions paid by leaseholders and the signed forms of authority from the same list of individuals authorising [NAME] to act on their behalf in dealing with the managing agents for [ADDRESS]. A number of the flats appear to be vacant, some leaseholders appear to have died or flats appear to be in the process of being sold. The Tribunal was satisfied, however, that a majority of the qualifying leaseholders are members of the [COMPANY]. The code of conduct and constitution are fair, transparent and democratic and provide for the other leaseholders to become members in the future.

13. Although no copy of the document has been provided, the Secretary of [NAME] ([RESPONDENT]) in the application confirmed the landlord had been notified of the application in October 2023. The Tribunal is satisfied the [NAME] has, therefore, had sufficient time to raise any concerns it might have.

14. The lack of response to the Tribunal application would also indicate that the landlord does not object to the recognition of the [COMPANY].

15. Having reviewed a copy of the association’s rules and constitution and having had regard to the matters specified in Regulation 3, I am satisfied that it is appropriate to give a certificate of recognition, and that the association should thereby be recognised under the Act for a period of five years.

16. No representations have been made by either party regarding the application fee for this application. The Tribunal makes no order in regard to fees.

Judge R Cooper 13/09/2024

5 Note: Appeals

1. A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application to the First-tier Tribunal at the Regional office that has been dealing with the case.

2. The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision. The application must be sent by email to [EMAIL] and should include the case number and address of the property to which it relates.

3. If the person wishing to appeal does not comply with the 28- day time limit, the person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.

4. The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

CERTIFICATE OF RECOGNITION

An application from the [COMPANY] for a Certificate of Recognition under the provisions of Section 29 of the Landlord and Tenant Act 1985 (as amended by Paragraph 10 of Schedule 2 to the Landlord and Tenant Act 1987) has been considered by the Tribunal and there being no objection from the Landlord.

THIS IS TO CERTIFY that

[COMPANY],

is a [COMPANY] for the purposes of the Landlord and Tenant Act 1985.

This Certificate will be valid for a period of five years with effect from 13th September 2024, expiring on the 12th September 2029, unless cancelled earlier.

Signed Judge R E Cooper Judge of the First-tier Tribunal 13th September 2024

.