First-tier Tribunal Grants Tenants' Association Recognition

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : CAM/00MX/HTA/2024/0001 Property : [APPELLANT] and Wharf Glen Island Taplow [POSTCODE] Applicant: [redacted] and [COMPANY] by : [NAME] Respondents

: [redacted] Limited Type of application : Recognition of a Residents Association

Tribunal member(s)

:

[NAME](Hons)

Date of decision : 27 March 2025

DECISION

Decision: The tribunal grants the certificate of recognition of the applicant’s [COMPANY] for a period of four years commencing on the date of this decision.

2 Reasons Background 1. On 4 April 2024 Mr [APPELLANT], then secretary of [APPELLANT] and [COMPANY], applied to the Tribunal for a certificate of recognition for the Association under section 29 of the Landlord and Tenant Act 1985 as amended (“the Act”). The application was accompanied by a copy of the constitution of the Association, a signed list of members, meeting minutes, a document detailing other relevant information., confirmation of members subscriptions paid for 2024 and accounts.

2. The [COMPANY] has been formed for a development of 61 leasehold flats. 48 of the leaseholders are members of the association.

3. The Tribunal issued directions on 9 January 2025 requiring the landlord to send a response to the application to the tribunal, copied to the applicant to include any legal arguments in respect to the tribunals jurisdiction to determine the application and copies of all relevant documents relating to the dispute which must include any witness statements dealing with the issues raised in the application.

4. The respondent landlord replied on 31 January 2025 to say that they believed the Tribunal was best placed to determine this application and agreed that it had the necessary jurisdiction to do so. The landlord did not oppose the application and remained neutral.

The Law 5. The relevant provision of the Act, section 29, provides that a recognised [COMPANY], as this 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 application.

The Tribunal’s decision 6. 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.

7. There are no objections to the recognition of the association.

8. 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

3 account of.

9. A certificate of recognition for the period of four years from today’s date is attached at Annex 1.

[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 application for permission must be made to the First- tier Tribunal at the regional office which has been dealing with the case. The application for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application 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 application for permission to appeal to proceed, despite not being within the time limit. The application 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 making the application is seeking. If the tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).

4 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 [APPELLANT[COMPANY] is recognised as an association of tenants of the properties [APPELLANT] and Wharf, Glen Island, Taplow [POSTCODE] for the purposes of Sections 18-30 of the Landlord and Tenant Act 1985. This certificate is granted for a period of four years ending on 26 March 2029 unless previously cancelled.

Signed: [NAME] [NAME]

(a person appointed by the

Lord Chancellor as a member of the

First-tier Tribunal)

Dated: 27 March 2025

To: Secretary of Residents’ Association – [RESPONDENT]

Landlord – [COMPANY]) [RESPONDENT]