Eligibility criteria for recognition of a tenants’ association

There are 3 main things to consider:

• whether the association represents enough “qualifying tenants” (leaseholders)
• whether it is fair and democratic
• whether it is independent from the landlord

Many councils encourage the setting up of recognised tenants’ associations and have advice about criteria and applying on their websites.

Qualifying tenants will usually be leaseholders who pay a variable service charge (one that goes up or down depending on the landlord’s actual costs). This includes shared ownership leaseholders. It’s unlikely that someone renting a flat would qualify because they pay rent rather than the service charge.

When contacting leaseholders to join as members, explain that “tenants” is the legal term only and that the association is there to benefit leaseholders.

A landlord may want to see evidence of membership.

The 50% membership threshold (England only)

In England, if you apply to the First-tier Tribunal (Property Chamber) for a certificate of recognition, the association must usually represent at least 50% of the qualifying tenants (leaseholders).

In limited cases, the 50% threshold may not apply if the landlord has failed to comply with a tribunal order to provide information, and the association represents a substantial number of qualifying tenants.

Find out how to get details of qualifying leaseholders

The 60% membership threshold (Wales only) 

In Wales, if you apply to the Leasehold Valuation Tribunal for a certificate of recognition, the tribunal will usually expect the association to represent at least 60% of the qualifying tenants.

This is a general rule, not an automatic requirement. The tribunal will consider each case on its merits and decide whether the association represents a significant proportion of those who qualify to join.

If you cannot meet the threshold

You may still be able to apply for recognition if your association is close to the threshold or there is a specific reason you cannot identify or contact enough qualifying tenants.

The tribunal or landlord may consider granting recognition if your association represents a substantial or significant proportion of qualifying tenants – for example, if half the flats in the building are empty.

A recognised tenants’ association is there to represent the interests of its members and not just a few loud voices. It should be set up and run in a fair and democratic way.

This means having clear rules about:

• who can and cannot be a member
• how decisions are made
• how voting works
• how members elect officers
• how membership fees work, if there are any
• how the constitution can be changed
• how records are kept

You can use a template constitution, but you may also need to show that the association is fair and democratic in practice. A landlord may want to see evidence of this.

Template model constitution and rules

You can use and adapt these free model template recognised tenants’ association constitutions and rules:

• The Property Institute: model constitution and rules
• NPRA: model constitution (PDF, 683KB)

A recognised tenants’ association must represent the interests of qualifying tenants and be independent from the landlord.

Independence could be questioned if the landlord, managing agent or someone connected to them, for example:

• controls how the association makes decisions
• controls communications with members
• acts as chair, secretary or treasurer
• has voting rights that affect the independence of the association – for example, if they live in the building and are a member of the association

You should review any arrangements that could raise questions about independence. Make sure the association is independent in both its constitution and how it operates in practice.