Question 1

Rights of the Association

Accepted Answer

Our association was newly formed in July 2014. I am trying to find a summary of additional rights that the association and it's members now have under tenancy law e.g. have we the right to demand a meeting with the landlord's management company to discuss issues? The FPRA responds: THE ROLE AND ADVANTAGES OF RESIDENTS’ ASSOCIATIONS The strength of a well-supported association lies in its capacity for collective action and sometimes in the powers delegated by a co-operative landlord or its agents. Examples of what they can do:

Increase the sense of belonging to a community;
Lobby for change on major issues of concern to the whole community;
Inform residents of their rights under the law and in particular under the Landlord and Tenant related legislation;
Provide local expertise about managing an estate and can readily identify problems, which may not be obvious to property managers;
Exercise a degree of influence over expenditure by landlord or its agent on service charge items; consult with landlord or its agent on proposed expenditure and help to determine the manner in which any extraordinary charges are levied and the maintenance fund (if any) is safeguarded;
May act on its own behalf in requesting information from a landlord.
A landlord can also be required to consult a recognised association on matters such as service charges and management. In addition a recognised Association has power to require a landlord to consult with them concerning managing agents by serving a notice in writing. The Housing Act 1996 Section 84 empowers a Residents’ Association to appoint a Surveyor (who must be qualified) to advise on service charge matters. He or she has important rights of access both to the premises and to relevant documents.
Exert pressure upon the landlord or its agent to maintain an appropriate standard of decoration and maintenance to the interior and exterior of buildings, and at reasonable cost;
Exert pressure on the landlord or its agent to carry out regular inspections and timely maintenance of, and at reasonable cost, the building’s plant, equipment, wiring and other common services;
Exert pressure on the landlord or its agent to comply with latest fire, health and safety and security recommendations;
Establish a relationship with the landlord or its agent to facilitate good management; represent the needs and views of residents on management issues and report back to the residents the concerns of the landlord or its agent;
Acquaint residents with aspects and problems of management of which they may have been unaware; act as an extension of the landlord’s management;
Negotiate with the landlord or its agent where residents wish to incur capital expenditure on upgrading existing facilities or providing new ones;
Assist individual residents with problems they may be having with the landlord/managing agent;
Protect the welfare, comfort and enjoyment of the tenancies of the residents;
Assist in resolving disputes between individual residents;
Organise opposition to undesirable planning applications;
Consult with local authorities on environmental matters such as street parking, traffic hazards, provision of pedestrian crossings, routing of traffic and tree amenity preservation;
Lobby Members of Parliament and others, both directly and through the FPRA, in relation to changes and reforms desired by the Association’s membership;
Be prepared to take on all responsibilities of management if ceded by the landlord/ or its agent or conferred by legislation, Right to Manage or following the purchase by the residents of the landlord’s interest;
Exercise the rights conferred by Statute on Residents’ Associations:

(a) Obtain statutory recognition of the Association. (b) Propose to the landlord or agent and require the due consideration of estimates for major works obtained by an Association; (Section 20 Landlord & Tenant Act 1985) as amended by the Commonhold and Leasehold reform Act 2002). (c) Apply for a determination of the reasonableness of the service charge costs (Section 19 of the Landlord and Tenant Act 1985 as amended by Section 83 of the Housing Act 1996) (d) Require the landlord to consult with the Association in regard to the appointment of the managing agent; (Section 30B Landlord and Tenant Act 1985 as amended by Section 44 Landlord and Tenant Act 1987) (e) Exercise rights as to information about Service Charge accounts (Landlord & Tenant Act 1985 Section 21 as amended by Landlord & Tenant Act 1987 Schedule 2 Para 5) and as amended by the Housing Act 1996 Sections 83 and 84. (f) Finally and perhaps most importantly, facilitating consultation and obtaining consensus amongst tenants as to the possible exercise of the rights of those tenants qualifying under the Leasehold Reform, Housing and Urban Development Act, 1993 to make a collective purchase of the freehold vested in their landlord. (g) Alternatively, facilitating consultation and obtaining consensus amongst tenants as to the possible exercise of the ‘Right to Manage’ under the Commonhold and Leasehold Reform Act 2002.

Question 2

Rights of the Association

Accepted Answer

Our association was newly formed in July 2014. I am trying to find a summary of additional rights that the association and it's members now have under tenancy law e.g. have we the right to demand a meeting with the landlord's management company to discuss issues? The FPRA responds: THE ROLE AND ADVANTAGES OF RESIDENTS’ ASSOCIATIONS The strength of a well-supported association lies in its capacity for collective action and sometimes in the powers delegated by a co-operative landlord or its agents. Examples of what they can do:

Increase the sense of belonging to a community;
Lobby for change on major issues of concern to the whole community;
Inform residents of their rights under the law and in particular under the Landlord and Tenant related legislation;
Provide local expertise about managing an estate and can readily identify problems, which may not be obvious to property managers;
Exercise a degree of influence over expenditure by landlord or its agent on service charge items; consult with landlord or its agent on proposed expenditure and help to determine the manner in which any extraordinary charges are levied and the maintenance fund (if any) is safeguarded;
May act on its own behalf in requesting information from a landlord.
A landlord can also be required to consult a recognised association on matters such as service charges and management. In addition a recognised Association has power to require a landlord to consult with them concerning managing agents by serving a notice in writing. The Housing Act 1996 Section 84 empowers a Residents’ Association to appoint a Surveyor (who must be qualified) to advise on service charge matters. He or she has important rights of access both to the premises and to relevant documents.
Exert pressure upon the landlord or its agent to maintain an appropriate standard of decoration and maintenance to the interior and exterior of buildings, and at reasonable cost;
Exert pressure on the landlord or its agent to carry out regular inspections and timely maintenance of, and at reasonable cost, the building’s plant, equipment, wiring and other common services;
Exert pressure on the landlord or its agent to comply with latest fire, health and safety and security recommendations;
Establish a relationship with the landlord or its agent to facilitate good management; represent the needs and views of residents on management issues and report back to the residents the concerns of the landlord or its agent;
Acquaint residents with aspects and problems of management of which they may have been unaware; act as an extension of the landlord’s management;
Negotiate with the landlord or its agent where residents wish to incur capital expenditure on upgrading existing facilities or providing new ones;
Assist individual residents with problems they may be having with the landlord/managing agent;
Protect the welfare, comfort and enjoyment of the tenancies of the residents;
Assist in resolving disputes between individual residents;
Organise opposition to undesirable planning applications;
Consult with local authorities on environmental matters such as street parking, traffic hazards, provision of pedestrian crossings, routing of traffic and tree amenity preservation;
Lobby Members of Parliament and others, both directly and through the FPRA, in relation to changes and reforms desired by the Association’s membership;
Be prepared to take on all responsibilities of management if ceded by the landlord/ or its agent or conferred by legislation, Right to Manage or following the purchase by the residents of the landlord’s interest;
Exercise the rights conferred by Statute on Residents’ Associations:

(a) Obtain statutory recognition of the Association. (b) Propose to the landlord or agent and require the due consideration of estimates for major works obtained by an Association; (Section 20 Landlord & Tenant Act 1985) as amended by the Commonhold and Leasehold reform Act 2002). (c) Apply for a determination of the reasonableness of the service charge costs (Section 19 of the Landlord and Tenant Act 1985 as amended by Section 83 of the Housing Act 1996) (d) Require the landlord to consult with the Association in regard to the appointment of the managing agent; (Section 30B Landlord and Tenant Act 1985 as amended by Section 44 Landlord and Tenant Act 1987) (e) Exercise rights as to information about Service Charge accounts (Landlord & Tenant Act 1985 Section 21 as amended by Landlord & Tenant Act 1987 Schedule 2 Para 5) and as amended by the Housing Act 1996 Sections 83 and 84. (f) Finally and perhaps most importantly, facilitating consultation and obtaining consensus amongst tenants as to the possible exercise of the rights of those tenants qualifying under the Leasehold Reform, Housing and Urban Development Act, 1993 to make a collective purchase of the freehold vested in their landlord. (g) Alternatively, facilitating consultation and obtaining consensus amongst tenants as to the possible exercise of the ‘Right to Manage’ under the Commonhold and Leasehold Reform Act 2002.

Rights of the Association

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