Today the government publishes its consultation – ‘Consultation on recognising residents’ associations, and their power to request information about tenants’ – and seeks, amongst other things, views on proposed secondary legislation under section 29A Landlord and Tenant Act 1985, a power to request information about other leaseholders.
An association recognised by the landlord, or by way of a certificate of recognition granted by the First-tier Tribunal (Property Chamber) in England, is granted certain rights, additional to those enjoyed by individual leaseholders. These include the right to be consulted on matters regarding:
- the appointment or employment of managing agents; and
- by section 84 of the Housing Act 1996 a right to appoint a surveyor to advise on any matters relating to, or which may give rise to, service charges payable to a landlord by one or more members of the recognised tenants’ association.
The Housing and Planning Act 2016 (the Act) received Royal Assent on 12 May 2016, with Section 130 of the Act coming into effect on 12 July 2016.
Section 130 gives the secretary of an association the power to seek from the landlord contact details of other leaseholders in a shared block, as long as those leaseholders have agreed to their information being made available in this way. The secretary would then be able to contact all leaseholders, which should assist in increasing the number of association members to a number that will increase its chances of statutory recognition. Recognition has been the subject of consideration by the Upper Tribunal.
Section 130 also states that the Secretary of State for Communities and Local Government has the power to make regulations (the secondary legislation) imposing duties on a landlord to provide the secretary of an association with information about leaseholders. The government now seeks views on:
- The proposed process and things that could be set out in regulations
- Consent and data protection
- Ancillary costs
- Non-compliance, disputes and appeals
The closing date for responses is 19 September 2017, and you can respond by completing an online survey.
You can email your response to the questions in the consultation to: [email protected]
Written responses can also be sent to:
Leasehold, Rentcharge and Commonhold Team,
3rd Floor North West, Fry Block,
2 Marsham Street,
London SW1P 4DF