How a tenants’ association becomes recognised

This applies in England only.

To gain recognition from the landlord, the secretary of the association should first ask the landlord in writing for a written notice of recognition. You can use our template letter to help you. Once given, the landlord must give 6 months’ notice should they wish to withdraw recognition.

If the landlord refuses to give written notice of recognition or if the association desires a certificate of recognition in any event from the tribunal a formal application to the Tribunal for a certificate of recognition can be made.

Certain information and documents should be provided with an application to the Tribunal.

• The name and address of the association
• The name, address and other contact details of the secretary or their representative
• The name, address and other contact details of the landlord or their representative
• Either the date of the landlord’s notice recognising the association and reasons why the association also wishes to obtain a certificate of recognition from the tribunal Or if the landlord has refused an application to grant written recognition or has given notice withdrawing recognition, the reasons given and/or attach relevant documents
• Details of any previous certificate of recognition by the tribunal or its predecessor a rent assessment panel
• Details of the property concerned including, if the application covers more than one block, the number of blocks involved and the names or identity of the blocks and whether a separate service charge is payable in respect of some or all of the services
• The number of flats in the block(s)
• The number of flats for which variable service charges are payable
• Number of flats whose tenants or leaseholders or joint tenants or leaseholders are members of the association

A copy of the rules and the constitution of the association including details of tenants’ association’s rules regarding membership, decision making and voting. Model rules to help draw up the constitution can be obtained from the local tribunal.

• Details of the composition of the membership of the tenants’ association
• Details of the extent to which any fees or charges payable in connection with membership of the tenants’ association and any exemptions from the payment of fees
• The names, addresses and contact details of the chairperson, secretary or treasurer
• The accounts for the tenant’s association for the last financial year and, if available, for all previous financial years
• Copies of the minutes of all of the tenant’s association meetings for the current financial year and, if available, for all previous financial years
• A list of members, indicating flat numbers, which is signed and dated by all the members
• Confirmation from the secretary that all the listed members have paid their subscriptions to date

Application form TA1 can be completed and submitted to the relevant tribunal office accompanied by the required fee (currently £114).

Before consideration is given to the granting of a certificate, the landlord will be asked whether they wish to make any observations regarding the application.

The application can be dealt with on paper, but if it proceeds to a formal hearing a further fee of £227 will be payable.

The tribunal has discretion as to whether recognition will be granted and it will not, therefore, be given automatically.

The matters to which the tribunal must, in particular, have regard in granting a certificate are the following:

• the composition of the membership of the tenants’ association
• the tenants’ association’s rules regarding membership, including whether tenants who are not qualifying tenants are entitled to become members
• the tenants’ association’s rules regarding decision making
• the tenants’ association’s rules regarding voting
• the extent to which any fees or charges payable in connection with membership of the tenants’ association apply equally to all members
• the extent to which the constitution of the tenants’ association takes account of the interests of all members
• the extent to which the tenants’ association is independent of the landlord of the dwellings to which the association relates
• whether the tenants’ association has a chairperson, secretary and treasurer
• whether the constitution of the tenants’ association may be amended by resolution of the members and the rules regarding amendment
• whether the tenants’ association’s constitution, accounts and list of members are kept up to date and available for public inspection

If recognition is given the tribunal/committee has discretion over how long this should be for, but it would usually be for 4 years. A renewal can be sought at the end of this period, though the tribunal/committee may cancel a certificate of recognition if it is considered that for some reason the association no longer merits it.

When the tribunal may refuse to grant a certificate

The tribunal must not give a certificate to a tenants’ association:

• in relation to a premises where it represents fewer than 50% of the qualifying tenants of dwellings in the premises. (But where the tenants’ association represents qualifying tenants in dwellings situated in related premises; and those qualifying tenants contribute to the same costs by the payment of a service charge then the tribunal must not give a certificate to the tenants’ association in relation to the related premises if the tenants’ association represents an aggregate of fewer than 50% of the qualifying tenants of dwellings situated in the related premises.)
• in relation to any premises if a certificate has previously been given to a tenants’ association in relation to the premises and the certificate is in force
• if the tribunal is not satisfied that the constitution and rules of the association are fair and democratic

Finally, the tribunal has the discretion to refuse to grant a certificate in all the circumstances.

Application form TA3 can be completed and submitted to the relevant Tribunal office accompanied by the required fee (currently £114).

The application can be dealt with on paper, but if it proceeds to a formal hearing a further fee of £227 will be payable.

The matters to which the tribunal must, in particular, have regard in cancelling a certificate are the following:

• whether the certificate was obtained by deception or fraud
• whether the tenants’ association to which the certificate relates represents fewer than 50% of the qualifying tenants of dwellings situated in the premises to which the association relates
• where the tenants’ association relates to related premises and the qualifying tenants in dwellings situated in the related premises contribute to the same costs by the payment of a service charge, the tenants’ association to which the certificate relates represents an aggregate of fewer than 50% of the qualifying tenants of dwellings situated in the related premises
• whether the office of chairperson, treasurer or secretary of the tenants’ association are vacant and, if so, the length of time for which the position has remained vacant
• whether any provision of the constitution of the tenants’ association has been breached and, if so, the extent and nature of the breach
• whether an amendment to the constitution, as passed by a resolution of its members, has not been implemented and, if so, the nature of the amendment and the length of time for which it has not been implemented
• any irregularities in the tenants’ association’s voting process, decision making implementing of decisions; or recording of decisions, and the nature of the irregularities and their effect

The Federation of Private Residents’ Associations (FPRA) provide guidance on their website about how to form a residents’ association.

They are a not-for-profit organisation that provide lease advice, support and lobbying for private residential leaseholders, tenants’ and residents’ associations, residential management companies and flat management companies. The FPRA is able to offer its members specialist legal, insurance, management and building guidance.