Question 1

Rival Residents’ Association

Accepted Answer

Q: I live in a block of eight flats on a large purpose built mixed residential estate (freeholders, leaseholders and social housing). In 2011 residents of our block of flats formally established a residents’ association in line with the procedures set by the First-tier Tribunal (Property Chamber) in England to act on behalf of residents in dealing with the RMC, which at that time remained in the hands of the developer, and their management agent. The RMC was recently transferred to residents and directors, of which I am one appointed. Recently a group of residents has announced themselves as a residents’ association acting on behalf of residents. However, nobody on the estate appears to know how it was setup, how its constitution was approved (if it has one), or how its three officers were elected. The three officers are rather elusive, but enquires indicate that it was set up by a group small group of residents. When several residents enquired as to why they had not been informed or involved in its set-up, they were told that to join residents of the estate have to apply to the Committee to get membership and that joining was by ‘application only’. This sounds like a self-appointed club / pressure / focus group rather than a residents’ association. However, I would appreciate clarification on:

Do all residents association need to be set up in compliance with the procedures of the First-tier Tribunal (Property Chamber) in England?
Does a group set up in this way constitute a residents’ association?
Are there any regulations preventing them from calling themselves a residents’ association?
Do they have any authority to speak on behalf of residents of the estate as a whole?

FPRA Legal Adviser Nick Roberts replies: I think the main point to make in replying to you is that a “Residents’ Association” is not a legal term of art. Those that join FPRA tend to be leaseholders’ associations, but there are also residents’ associations which are formed to protect the amenities of an area, including perhaps to resist unwelcome planning applications, etc., and they are all equally entitled to call themselves residents’ associations. In answer to your first question, only leaseholders’ organisations which seek to be recognised tenants’ associations, within the meaning of s.29 of the Landlord and Tenant Act 1985, need to satisfy the membership criteria of the First-tier Tribunal. In answer to your second and third points, the group which has been set up is certainly entitled to call itself a residents’ association, but – unless it changes its procedures – it would seem unlikely that it will ever be in a position to secure recognition as an RTA under s.29 LTA 1985. In answer to your fourth point, I do not see how anyone can prevent any group from purporting to speak on behalf or to represent a larger interest group: but if those that they purport to represent make it clear that they do not share their views, then they will eventually lose credibility. [Submitted December 2016]

Question 2

Rival Residents’ Association

Accepted Answer

Q: I live in a block of eight flats on a large purpose built mixed residential estate (freeholders, leaseholders and social housing). In 2011 residents of our block of flats formally established a residents’ association in line with the procedures set by the First-tier Tribunal (Property Chamber) in England to act on behalf of residents in dealing with the RMC, which at that time remained in the hands of the developer, and their management agent. The RMC was recently transferred to residents and directors, of which I am one appointed. Recently a group of residents has announced themselves as a residents’ association acting on behalf of residents. However, nobody on the estate appears to know how it was setup, how its constitution was approved (if it has one), or how its three officers were elected. The three officers are rather elusive, but enquires indicate that it was set up by a group small group of residents. When several residents enquired as to why they had not been informed or involved in its set-up, they were told that to join residents of the estate have to apply to the Committee to get membership and that joining was by ‘application only’. This sounds like a self-appointed club / pressure / focus group rather than a residents’ association. However, I would appreciate clarification on:

Do all residents association need to be set up in compliance with the procedures of the First-tier Tribunal (Property Chamber) in England?
Does a group set up in this way constitute a residents’ association?
Are there any regulations preventing them from calling themselves a residents’ association?
Do they have any authority to speak on behalf of residents of the estate as a whole?

FPRA Legal Adviser Nick Roberts replies: I think the main point to make in replying to you is that a “Residents’ Association” is not a legal term of art. Those that join FPRA tend to be leaseholders’ associations, but there are also residents’ associations which are formed to protect the amenities of an area, including perhaps to resist unwelcome planning applications, etc., and they are all equally entitled to call themselves residents’ associations. In answer to your first question, only leaseholders’ organisations which seek to be recognised tenants’ associations, within the meaning of s.29 of the Landlord and Tenant Act 1985, need to satisfy the membership criteria of the First-tier Tribunal. In answer to your second and third points, the group which has been set up is certainly entitled to call itself a residents’ association, but – unless it changes its procedures – it would seem unlikely that it will ever be in a position to secure recognition as an RTA under s.29 LTA 1985. In answer to your fourth point, I do not see how anyone can prevent any group from purporting to speak on behalf or to represent a larger interest group: but if those that they purport to represent make it clear that they do not share their views, then they will eventually lose credibility. [Submitted December 2016]

Rival Residents’ Association

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