Types of Leasehold Valuation Tribunal application (Wales)
Application for recognition of a tenants’ association
What is a tenants’ association?
A tenants’ association is a group of tenants (normally leaseholders) who hold houses or flats on leases/tenancies from the same landlord on similar terms, which contain provisions for the payment of service charges etc.
What is a recognised tenants’ association?
A recognised tenants’ association is one where the members have come together to represent their common interests so that the association can act on the tenants’ behalf, and which has been formally recognised. An association is recognised either by notice in writing from the landlord to the secretary of the association, or by application to the tribunal.
Where estates are concerned, it may be possible for more than one association to be recognised, for example, for separate blocks of flats within the estate, providing there is no duplication and the interests of the leaseholders/tenants can be seen to differ.
Powers of a recognised tenants’ association
The secretary of a recognised tenants’ association can, with the members’ consent, act on behalf of its members in respect of a number of issues, some of which are in addition to that of an individual member. These are:
- to ask for a summary of service charge costs incurred by their landlord for which the members have to pay a service charge (section 21 of Landlord and Tenant Act 1985)
- to inspect the relevant accounts and receipts (section 22 of Landlord and Tenant Act 1985)
- to be sent copies of estimates obtained by the landlord for either long-term agreements to be entered into or intended qualifying work on their properties (section 20 of Landlord and Tenant Act 1985)
- to propose names of contractors to be included in any tender list when the landlord wishes to enter a long-term agreement or carry out qualifying works (section 20 of Landlord and Tenant Act 1985)
- to ask for a written summary of the insurance cover and inspect the policy (Schedule to the Landlord and Tenant Act 1985)
- to be consulted about the appointment or re-appointment of a managing agent (Section 30B of Landlord and Tenant Act 1985)
How a tenants’ association becomes recognised
To gain recognition from the landlord the secretary of the association should first ask the landlord in writing for a written notice of recognition. Once given, the landlord must give six months’ notice should they wish to withdraw recognition.
If the landlord refuses to give a 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.
You will need to provide the following information with the application:
- the name and address of the association
- the name, address and other contact details of the secretary
- language preference
- the name, address and other contact details of the landlord
- has the landlord been asked for written recognition (yes/no)
- has the landlord given at least six months’ notice of withdrawal of written recognition to the association (yes/no)
- where a certificate is being renewed, the date of any previous certificate of recognition, and any change in the constitution of the association since that date
You will also need to provide:
- a copy of the association’s constitution
- a completed schedule incorporating information about each property, the names and addresses of tenants and correspondence address (if different) and whether or not they are a member of the association
- copies of any relevant correspondence with the landlord regarding recognition or withdrawal of recognition of the association
Application form LVT9 can be completed and submitted to the tribunal office.
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.
How the tribunal deals with the granting of a certificate
The tribunal has discretion as to whether recognition will be granted and it will not therefore be given automatically.
If recognition is given the tribunal has discretion over how long this should be for, but it would usually be for four years. A renewal can be sought at the end of this period, though the tribunal may cancel a certificate of recognition if it is considered that for some reason the association no longer merits it.
- Last updated:
- 8 December 2020
- Next review:
- 18 December 2026