First-tier Tribunal Rejects Tenant Association's Application for Lack of Jurisdiction
📌 In brief
The First-tier Tribunal decided that an unincorporated tenant association cannot bring an application under the Landlord and Tenant Act 1987 because it lacks the necessary legal standing.
⚖️ Legal holding
Only a tenant can bring an application under sections 22 and 24 of the Landlord and Tenant Act 1987.
📖 What the law says
This section outlines the rights of tenants to apply to a court for the appointment of a manager for certain premises. It specifies that the tenant of a flat in premises covered by this part of the Act can apply to the appropriate tribunal for an order to appoint a manager. However, this right does not extend to tenant associations or groups unless they consist of individual tenants who would otherwise have the right to make such an application.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal lacks jurisdiction to hear the case due to the claimant's status.
📜 Headnote Official document
The First-tier Tribunal ruled that an unincorporated tenant association does not have standing to bring an application under sections 22 and 24 of the Landlord and Tenant Act 1987, due to lack of jurisdiction.
📚 Full judgment Official document
OUTCOME: Struck Out
1
FIRST-TIER TRIBUNAL [NAME] (RESIDENTIAL PROPERTY) Case Reference : MAN/32UH/LAM/2020/0001
Property : All Known Property Within Burton Waters, Being 361 Residential Units and 18 Or More Commercial Properties
Applicant
: [redacted] [APPELLANT] by : Mr [APPELLANT]. [APPELLANT]
Respondent
Represented by : (1)[RESPONDENT] (2)[COMPANY], Solicitors (replacing) [COMPANY], Solicitors.
Type of Application : Section 22 and 24 of the Landlord and Tenant Act 1987.
Tribunal Members : Judge C. P. Tonge LLB, BA [NAME] : 28 March 2022
DECISION RELATING TO JURISDICTION AND ORDER
© CROWN COPYRIGHT 2022
2
Background
1. The Application is stated to be brought by [NAME] [APPELLANT], “the Applicant”. This is an unincorporated [APPELLANT] of tenant’s that has not been recognised as the tenant’s [APPELLANT] for this site.
2. This case has been subject to a stay whilst an associated case could be dealt with. That stay was lifted on 7 March 2022 and this case then was then considered.
3. The Tribunal noted that there is a submission made on behalf of the Respondents’ in this case that the Tribunal does not have jurisdiction to deal with this application because it has been brought by an unincorporated [APPELLANT] that is not the recognised tenant’s [APPELLANT] and that only a tenant can bring such an application.
4. The Tribunal agrees with the submissions as made by the Respondents, in that the Applicant does not have standing to bring this case before the Tribunal. The Tribunal gave [NAME], who is an officer of the Applicant [APPELLANT] and representative of the Applicant [APPELLANT], 14 days to make any submissions that he considered to be necessary with regard to the issue of the Tribunal’s jurisdiction (Decision Relating To Jurisdiction, dated 7 March 2022, sent to the Parties 9 March 2022). That 14 day period of time has now elapsed and Mr [NAME]. [NAME] has not chosen to make any submissions.
5. The Tribunal now makes an order, pursuant to Rule 9(2)(a) of the of the Tribunal Procedure (First-tier Tribunal)([NAME]) Rules 2013 (as amended) to strike out the Applicant’s case. The case has been brought by an unincorporated [APPELLANT] that does not have standing to bring the case before the Tribunal so that this Tribunal does not have jurisdiction to consider the application.
Decision
6. This Tribunal decides that it does not have jurisdiction to consider this matter any further because the application has been brought before the Tribunal by [APPELLANT] and that [APPELLANT] is not a tenant, as required by section 21 of the Landlord and Tenant Act 1987. As such the Tribunal now orders that this application be struck out pursuant to Rule 9(2)(a) of the of the Tribunal Procedure (First-tier Tribunal)([NAME]) Rules 2013 (as amended).
7. Appeal against this Decision is to the Upper Tribunal. Any party wishing to appeal must, within 28 days of this Decision being sent to the parties,
3
deliver to this First-tier Tribunal an application for permission to appeal, stating the grounds of appeal, the paragraphs of the Decision appealed against, particulars of the grounds of appeal and the result that is sought by bringing the appeal.
Judge C. P. Tonge
Annex 1. The Order to strike out the application.
Date this Decision and Order sent to the parties 30 March 2022
4
ANNEX 1.
Case Reference: MAN/32UH/LAM/2020/0001
Applicant: [redacted] All Known Property Within Burton Waters, Being 361 Residential Units and 18 Or More Commercial Properties
Respondents: [redacted] (2)[COMPANY]]
Represented by: [COMPANY], Solicitors (replacing) [NAME] [COMPANY], Solicitors.
ORDER TO STRIKE OUT THIS CASE FOR WANT OF JURISDICTION
The Tribunal does not have jurisdiction to deal with this case because it has been brought before the Tribunal by [APPELLANT] and that [APPELLANT] is not a tenant, as required by section 21 of the Landlord and Tenant Act 1987. As such the Tribunal now orders that this application be struck out pursuant to Rule 9(2)(a) of the Tribunal Procedure (First-tier Tribunal)([NAME]) Rules 2013 (as amended).
Judge Tonge
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Ground Rent Claims Struck Out by First-tier Tribunal
- First-tier Tribunal (Property Chamber) Tenant's Service Charge Challenge Struck Out by First-tier Tribunal
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rejects Service Charge Claim for Non-Dwelling Airspace
- First-tier Tribunal (Property Chamber) First-tier Tribunal Rules Lack of Jurisdiction Over Service Charge Reassess…
- First-tier Tribunal (Property Chamber) First-tier Tribunal Lacks Jurisdiction on Rent Increase Case
- First-tier Tribunal (Property Chamber) Application Struck Out Due to Timing Issue in First-tier Tribunal
- First-tier Tribunal (Property Chamber) First-tier Tribunal Strikes Out Service Charge Application Due to Procedura…
- First-tier Tribunal (Property Chamber) Tenant's Application to Vary Lease Struck Out by First-tier Tribunal
- First-tier Tribunal (Property Chamber) Late Rent Increase Appeal Struck Out by First-tier Tribunal
- First-tier Tribunal (Property Chamber) Invalid Notice Results in Struck Out Application for Market Rent Determinat…
- First-tier Tribunal (Property Chamber) Freeholder Withdraws Breach of Covenant Claim Against Unrepresented Tenant
A snapshot of this collection — not a prediction of your case's outcome.
❓ Frequently asked questions
What did this decision decide?
The First-tier Tribunal decided that an unincorporated tenant association does not have the legal standing to bring an application under the Landlord and Tenant Act 1987.
Who was involved?
The case involved an unincorporated tenant association and property management companies.
How did the court decide, and why?
The court decided that the tenant association lacked the necessary legal standing to bring the application, as only a tenant can bring such an application.
Which laws or rules were applied?
Sections 21, 22, and 24 of the Landlord and Tenant Act 1987 and Rule 9(2)(a) of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 were applied.
What was the argument that mattered most?
The argument that mattered most was that only a tenant can bring an application under the Landlord and Tenant Act 1987.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have the proper legal standing to bring an application under the Landlord and Tenant Act 1987.
What evidence or documents mattered?
The evidence and documents related to the legal standing of the tenant association were crucial.
Can a decision like this be appealed?
Yes, the decision can be appealed to the Upper Tribunal.
Is it worth getting a solicitor for a case like this?
It is recommended to seek advice from a qualified solicitor for cases involving legal standing and applications under the Landlord and Tenant Act 1987.