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AllowedFirst-tier Tribunal (Property Chamber)·

Residents Association Recognised by First-tier Tribunal

Case No.

📌 In brief

The First-tier Tribunal granted a certificate recognising a a company representing over 50% of tenants under the Landlord and Tenant Act 1985. The decision was based on the association's fair and democratic constitution.

⚖️ Legal holding

The tribunal grants a certificate recognizing a tenants' association if the applicant represents more than 50% of the qualifying tenants and has fair and democratic rules, according to the Landlord and Tenant Act 1985.

Topics

tenancyresidents associationLandlord and Tenant Act 1985

Provisions

📖 What the law says

Landlord and Tenant Act 1985 s.29

A recognized tenants' association can be formed by a written notice from the landlord to the association's secretary or through a certificate issued by the First-tier Tribunal for properties in England.

Plain-English explanation — does not replace advice from a solicitor.

📖 Technical summary

The tribunal granted a certificate recognizing the applicant as a tenants' association for four years based on the applicant's representation of over 50% of the qualifying tenants and fair democratic rules.

📜 Headnote Official document

The First-tier Tribunal granted a certificate recognising a residents association representing over 50% of tenants under the Landlord and Tenant Act 1985. The decision was based on the association's fair and democratic constitution.

📚 Full judgment Official document

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

:

CHI/00MR/HTA/2020/0003

Property

:

[ADDRESS] [POSTCODE]

Applicant

:

[redacted]

:

Respondent: [redacted]

:

Type of Application

:

Recognition of [COMPANY]

Tribunal Member(s)

:

Judge Tildesley OBE

Date of Decision

:

20 January 2021

DECISION

2

1. The Applicant seeks an order recognising the [COMPANY]. The application explains that a certificate for a period of 4 years was granted on 24th November 2016 under reference CHI/00MR/LRA/2016/0003. This application was made dated 8th November 2020.

2. The only issue for the Tribunal is whether or not a certificate recognising the [COMPANY] should be granted.

3. On 14 December 2020 the Tribunal directed that the Application be dealt with on the papers. The Respondent was required to submit a response by 15 January 2021 which was not complied with.

4. On consideration of the papers the Tribunal is satisfied that (1) the Applicant represents more than 50 per cent of the qualifying tenants, and (2) the Applicant’s constitution and rules are fair and democratic.

5. The Tribunal grants the Applicant a certificate of recognition as tenant’s association for the property in accordance with section 29 of the Landlord and Tenant Act 1985 for the period of 4 years with effect from 24 November 2020.

3

RIGHTS OF APPEAL

1. A person wishing to appeal this decision to the Upper Tribunal ([NAME]) must seek permission to do so by making written application by email to [EMAIL] to the First-tier Tribunal at the [NAME] which 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.

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.

Due to the Covid 19 pandemic, communications to the Tribunal MUST be made by email to [EMAIL]. All communications must clearly state the Case Number and address of the premises.

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

Allowed12 cases

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • The tenants' association represents more than 50% of qualifying tenants.
  • The association's constitution is fair and democratic.
  • Urgent and necessary works allow for dispensation from consultation requirements.
  • Entitlement to recognition is granted if statutory requirements are met.
  • Reasonable dispensation from consultation requirements is allowed for urgent needs.

❌ Tends to be rejected

  • No significant factors leading against the claimant were present in the provided cases.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

It decided to grant a certificate recognising a residents association.

Who was involved?

The residents association and the landlord were involved.

How did the court decide, and why?

The court decided to grant the certificate because the association represented over 50% of tenants and had a fair and democratic constitution.

Which laws or rules were applied?

The Landlord and Tenant Act 1985 was applied.

What was the argument that mattered most?

The argument that mattered most was that the association represented over 50% of tenants and had a fair and democratic constitution.

Was the decision for or against the person who brought the case?

The decision was for the person who brought the case.

What does this mean for someone in a similar situation?

Someone in a similar situation may also apply for recognition if their association meets the criteria.

What evidence or documents mattered?

Evidence showing the association's representation of over 50% of tenants and its fair and democratic constitution mattered.

Can a decision like this be appealed?

Yes, a decision like this can be appealed to the Upper Tribunal (Lands Chamber).

Is it worth getting a solicitor for a case like this?

It is always recommended to get advice from a qualified solicitor for a case like this.

Official source: First-tier Tribunal (Property Chamber) — headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the First-tier Tribunal (Property Chamber) and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.