Question 1

Recognition

Accepted Answer

Q: We've set up our association and have asked the freeholder and head leaseholder for recognition. They have come back asking for: 1. A copy of our constitution, 2. A list of members, including flat numbers and confirmation of signature on authority, 3. Confirmation from the Secretary that all members have paid their fees, 4. Details of the agreed membership fee. Would you be able to suggest to us how we should respond to these quotations? They have advised us that we have four weeks to comply. FPRA Hon Consultant Mark Chick replies: As you will know there is a right under section 29(1) of the Landlord and Tenant Act (LTA1985) that in relation to a residential building a Tenants’ Association is statutorily recognised by one of the two following methods; 1. by written notice to the secretary of the association from the Landlord, or 2. by a certificate from the First Tier Tribunal (FTT) in respect of dwellings in England There are a number of advantages to tenants in gaining official recognition, not the least of which is the right to be consulted about the appointment of an agent. Further, the Act provides that “a number of tenants are qualifying tenants if each of them may be required under the terms of his lease to contribute to the same costs by the payment of a service charge.” In general terms it is established that to be recognised such an association needs to represent at least 60 per cent of the flats in any given building which are liable to pay a variable service charge. A Tribunal will be concerned to see that the Association is properly constituted, has a fair set of rules is independent of the landlord and has paid up membership that as a minimum meets the 60 per cent threshold. In the above context the questions posed by the member’s landlord do not appear unreasonable. Certainly, gaining approval from the landlord will be cheaper, quicker and more straightforward than applying to the Tribunal [submitted February 2016]

Question 2

Recognition

Accepted Answer

Q: We've set up our association and have asked the freeholder and head leaseholder for recognition. They have come back asking for: 1. A copy of our constitution, 2. A list of members, including flat numbers and confirmation of signature on authority, 3. Confirmation from the Secretary that all members have paid their fees, 4. Details of the agreed membership fee. Would you be able to suggest to us how we should respond to these quotations? They have advised us that we have four weeks to comply. FPRA Hon Consultant Mark Chick replies: As you will know there is a right under section 29(1) of the Landlord and Tenant Act (LTA1985) that in relation to a residential building a Tenants’ Association is statutorily recognised by one of the two following methods; 1. by written notice to the secretary of the association from the Landlord, or 2. by a certificate from the First Tier Tribunal (FTT) in respect of dwellings in England There are a number of advantages to tenants in gaining official recognition, not the least of which is the right to be consulted about the appointment of an agent. Further, the Act provides that “a number of tenants are qualifying tenants if each of them may be required under the terms of his lease to contribute to the same costs by the payment of a service charge.” In general terms it is established that to be recognised such an association needs to represent at least 60 per cent of the flats in any given building which are liable to pay a variable service charge. A Tribunal will be concerned to see that the Association is properly constituted, has a fair set of rules is independent of the landlord and has paid up membership that as a minimum meets the 60 per cent threshold. In the above context the questions posed by the member’s landlord do not appear unreasonable. Certainly, gaining approval from the landlord will be cheaper, quicker and more straightforward than applying to the Tribunal [submitted February 2016]

Recognition

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