First-tier Tribunal Recognises Tenants' Association Under Landlord and Tenant Act 1985

OUTCOME: Allowed

1

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference :

LON/00BG/HTA/2019/0001

Property :

[ADDRESS], [POSTCODE]

Applicant : [redacted] Landlord : Mr [RESPONDENT] [NAME] of application : Section 29 Landlord and Tenant Act 1985 (1985 Act) – application for the recognition of a Tenants’ Association

Tribunal Member :

[NAME] (Econ) MSc MRICS

Date

:

12 December 2019

© CROWN COPYRIGHT 2019

2 DECISION AND REASONS

Introduction: 1.) This matter arises from an application made by [COMPANY] ([NAME]) for recognition of a Tenants’ Association under section 29 of the Landlord and Tenant Act 1985. The application was dated 5 April 2019.

2.) It was explained in the application form that [NAME] had been previously recognised but that recognition expired on 15 May 2018. The [NAME] had approached Mr [RESPONDENT] in April 2018 for recognition, but the landlord and the managing agent had failed to respond, hence the application to the Tribunal.

3.) It was explained that there are 36 flats in the block. Included with the application were forms signed in respect of 31 flats, but these forms related to the [COMPANY]. On further enquiry [NAME] provided the signatures of leaseholders relating to 29 flats and showing their membership of [NAME].

4.) The Tribunal was provided with a copy of the [NAME] rules dated 2012. It was confirmed that those rules are still extant. On further enquiry, [NAME] explained that the constitution and the list of members are kept up-to-date by the officers and that details of [NAME] are publicised on a public notice board. Communication with the membership is by emails and a WhatsApp group. It was also confirmed that there are no fees charge in relation to membership of the [NAME] and therefore no accounts. All duties are carried out on a voluntary basis and any expenditure that arises is bourne by the officers or supplemented by the membership on a voluntary basis.

5.) There have been no submissions made by or on the behalf of the landlord.

6.) The Tribunal notes that the membership of the [NAME] is over 80% of the qualifying tenants (29 flats out of 36 flats). The Tribunal has also had regard to the issues set out in paragraph 3 of The Tenants’ Associations (provisions Relating to Recognition and Provision of Information) (England) Regulations 2018 and is satisfied that there is adequate provision for those issues. As such the Tribunal gives a certificate recognising the [COMPANY] as a Tenants Association under section 29 of the 1985 Act.

3 The recognition is for a period of five years commencing 13 December 2019 and a copy of the relevant certificate is enclosed with this decision.

Chairman: [NAME]: 12 December 2019

ANNEX - RIGHTS OF APPEAL

1. 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 [NAME], which has been dealing with the case.

2. The application for permission to appeal must arrive at the [NAME] within 28 days after the Tribunal sends written reasons for the decision to the person making the application.

3. 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.

4. 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.