Residents' Association Recognised for Five Years by First-tier Tribunal

OUTCOME: Allowed

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case Reference

:

CHI/43UE/HTA/2020/0002

Property

:

Reeves House and [ADDRESS], Leatherhead, Surrey

Applicant: [redacted]

:

Respondent: [redacted]

:

Type of [NAME]

:

Recognition of a [APPELLANT]

Tribunal Member(s)

:

Judge J. Dobson

Date of Decision

:

11th December 2020

Corrected 13th January 2021

DECISION CORRECTED A TYPOGRAPHICAL ERROR UNDER RULE 50 OF TRIBUNAL PROCEDURES RULES 2013 Re number of unoccupied properties set out in paragraph 3 and the occupied properties and members set out in paragraph 8

2 Summary of Decision

1. The Tribunal grants a certificate of recognition of the Applicant residents [APPELLANT] for a period of 5 years commencing on the date of this Decision.

Background

2. On 21st January 2016 Ms [APPELLANT] on behalf of the Applicant applied to the Tribunal for a certificate of recognition for the [APPELLANT] under section 29 of the Landlord and Tenant Act 1985 as amended (“the Act”). The [NAME] was accompanied by a copy of the constitution of the [APPELLANT] signed by lessees as members of the Committee of the [APPELLANT] and accompanied by meeting minutes and a document detailing other relevant information. Whilst the [NAME] indicated that the Respondent was content to accept the residents’ [APPELLANT], the [APPELLANT] sought a certificate of recognition to assist with their dealings with other parties and in the belief that the formality of the certificate of recognition by the Tribunal will persuade other organisations to respect their representation and will therefore facilitate resolution of any future problems relating to the estate experienced by the members of the [APPELLANT].

3. The resident’s [APPELLANT] has been formed for a development of some 35 properties. 11 of those are recorded as being unoccupied. All but one of the occupiers are members of the [APPELLANT].

4. By Directions dated 9th November 2020, the Tribunal stated that the [NAME] would be determined on the papers without a hearing in accordance with Rule 31 of the Tribunal Procedure Rules 2013 unless a party objected in writing to the Tribunal within 14 days of the date of receipt of those Directions.

5. The Directions also stated that the [NAME] would stand as the Applicant’s case and that the Respondent shall respond by 8th December completing a form and, if the [NAME] were objected to, explaining why. The Directions added that the Tribunal would thereafter determine the [NAME] on the papers received.

6. On 11th November 2020, the Respondent wrote to the Tribunal, by way of its Managing Director, stating that it agreed to the recognition of the residents’ [APPELLANT] and completing a reply form accordingly. The Tribunal has also received agreement to the recognition of the residents’ [APPELLANT] from the [NAME], [APPELLANT] ([APPELLANT]), by letter 17th September 2020 sent to the Secretary of the Resident’s [APPELLANT].

3 The law

7. The relevant provision of the Act, section 29, provides that a recognised tenants’ [APPELLANT], as this resident’s [APPELLANT] would be, is an [APPELLANT] 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 [APPELLANT] or by a certificate from this Tribunal. There are various related provisions that are not relevant to this [NAME].

The Tribunal’s determination

8. The Tribunal is satisfied that a certificate of recognition of the Applicant under the Act should be issued. It is the [APPELLANT] that is being recognised and the constitution and membership of this [APPELLANT] complies with what the Tribunal would expect to see in a recognised tenants’ [APPELLANT] under the Act. Indeed, of the twenty-four occupied properties within estate all freeholders and lessees but one are members of the [APPELLANT].

9. No representations have been made as to the duration of the certificate. The Act gives the Tribunal as discretion as to the period for which a certificate is granted and contains no specific factors to be taken account of.

10. The Tribunal notes that there is no objection to the recognition of the [APPELLANT], indeed the other parties with an interest appear to be entirely content with the recognition of the [APPELLANT]. There is nothing to suggest that any issue might arise any time soon. In contrast, there is much to be said for the [APPELLANT] having to go through this process to regularly, at least unless there had been concerns such that the Tribunal ought to review the situation- if ongoing recognition were sought- sooner.

11. A certificate of recognition for the period of five years from today’s date will therefore be issued.

4

Rights of appeal

1. 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.

2. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case.

3. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME].

4. If the [NAME] is not made within the 28-day time limit, such [NAME] 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 [NAME] for permission to appeal to proceed, despite not being within the time limit.