AllowedFirst-tier Tribunal (Property Chamber)·18 August 2020

Tenants' Association Recognised by First-tier Tribunal

Case No.

📌 In brief

The First-tier Tribunal recognised a tenants' association under the Landlord and Tenant Act 1985, ensuring the association can represent its members effectively.

⚖️ Legal holding

A tenants' association may be recognised under the Landlord and Tenant Act 1985 if it meets certain criteria.

Topics

tenants' associationrecognition

Provisions

Landlord and Tenant Act 1985 s.29Tenant’s Association (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018

📖 What the law says

Landlord and Tenant Act 1985 s.29

A 'recognized tenants' association' is defined as an association of qualifying tenants (which can include other tenants) recognized for the purpose of service charges. Recognition can occur through a written notice from the landlord to the association's secretary or through a certificate issued by the First-tier Tribunal for dwellings in England or by a member of the local rent assessment committee panel for dwellings in Wales.

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

📖 Technical summary

The First-tier Tribunal granted recognition to a tenants' association under the Landlord and Tenant Act 1985.

📜 Headnote Official document

The First-tier Tribunal granted recognition to a tenants' association under the Landlord and Tenant Act 1985, after confirming the association's compliance with statutory requirements.

📚 Full judgment Official document

OUTCOME: Allowed

Case Reference

BIR/00GA/HTA/2020/0001

Property : [ADDRESS],

[POSTCODE]

Applicant : [redacted]

Respondent: [redacted]

Tribunal Member : V Ward BSc Hons FRICS – Regional Surveyor

Date of Decision : 21 July 2020

__________________________________________________________

DECISION

_____________________________________________________

BACKGROUND

1. By an application received on 12 June 2020, the Applicant, [ADDRESS] (Hereford) [COMPANY], applied for recognition as a [COMPANY] under section 29 of the Landlord and Tenant Act 1985.

2. The Tribunal provided the Landlord with a copy of the application and asked them to confirm if they objected to the recognition of the Applicant as a [COMPANY] under the 1985 Act.

3. On 2 July 2020, the Landlord confirmed that they did not oppose the recognition.

4. In addition, the Tribunal notes that there are 9 members of the association and 14 properties in the development where variable service charges are paid. This represents 64%.

5. A list of members was supplied with the application form.

6. The application confirmed that the association had not previous applied for recognition.

7. The copy of the constitution was headed [ADDRESS] (Hereford) Residents’ Association however as the application was in the name of [ADDRESS] (Hereford) [COMPANY] and all other documentation referred to the association in this way, the Tribunal takes this to be simply a typographical error and ignores the same as the intent of the members and application are clear.

8. The copy of the constitution supplied with the application form confirms the following:

a) How a leaseholder can become a member of the association and who are entitled to be members.

b) The association’s decision-making process and rules.

c) The mechanism by which officers of the association are appointed.

d) The fees and charges payable by members.

e) How the association represents its members.

f) How the constitution and rules are kept up to date.

g) That the association operates in an open and transparent way.

h) That the rules and constitution are fair and democratic.

DECISION

9. The Tribunal considers that the Applicant has met the requirements of section 29 of the Landlord and Tenant Act 1985 and the [COMPANY] (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018 and, accordingly finds that [ADDRESS] (Hereford) [COMPANY] should be recognised as a [COMPANY].

10. The recognition is for a period of 5 years commencing 21 July 2020 and a copy of the certificate is enclosed with this decision.

V Ward 21 July 2020

First tier Tribunal (Property Chamber)

Residential Property

CERTIFICATE OF RECOGNITION

An application from [ADDRESS] (Hereford) [COMPANY] for a Certificate of Recognition under the provisions of Section 29 of the Landlord & Tenant Act 1985, as amended by Paragraph 10 of Schedule 2 to the Landlord and Tenant Act 1987 has been considered by:

[APPELLANT]

who is a person appointed to act as a member of the First-tier Tribunal Property Chamber.

This is to certify that

[ADDRESS] (Hereford) [COMPANY]

is a [COMPANY] for the purpose of the aforementioned Section.

The Certificate will be valid for a period of 5 years commencing on 7 July 2020, unless previously cancelled.

Signed…………………………………………………..

(one of the persons appointed by the Lord Chancellor as

a member of the First-tier Tribunal)

21 July 2020

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

Allowed11 cases

Refused1 case

First-tier Tribunal (Property Chamber) First-tier Tribunal Denies Certificate for Tenant Association

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 meets the requirements set out in Section 29 of the Landlord and Tenant Act 1985.
The tenants' association represents over 50% of the qualifying tenants.
The tenants' association operates democratically and fairly.
The tenants' association meets the criteria set out in the Tenants’ Associations (Provisions Relating to Recognition) Regulations.
The tenants' association meets the statutory requirements and there are no procedural issues.

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

❓ Frequently asked questions

What did this decision decide?

It decided to grant recognition to a tenants' association.

Who was involved?

A tenants' association and a landlord were involved.

How did the court decide, and why?

The court decided to recognise the association because it met the statutory requirements.

Which laws or rules were applied?

The Landlord and Tenant Act 1985 and the Tenant’s Association Regulations 2018 were applied.

What was the argument that mattered most?

The association's compliance with the statutory requirements was the most important argument.

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

The decision was for the tenants' association.

What does this mean for someone in a similar situation?

Someone in a similar situation can apply for recognition if their association meets the statutory requirements.

What evidence or documents mattered?

The constitution of the association and the application form were important.

Can a decision like this be appealed?

Yes, decisions like this can be appealed to a higher court.

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

It is recommended to seek advice from a qualified solicitor for such cases.

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.