Publication and FormsTenants' Associations«Back
What is a Tenants' Association?A Tenants' Association is a group of tenants (lessees) who hold houses or flats on tenancies/ leases from the same landlord upon similar terms which contain provisions for the payment of variable service charges. To be wholly effective an Association needs to be formally recognised. What is the role of a recognised Association?The members will have come together to represent their common interest so that the Association can with their consent and on their behalf:
How does an Association become recognised?There are two ways of seeking recognition. The first of these is for an Association to ask the landlord for written notice of recognition. If this is given, then no further steps to establish recognition need be taken. Such recognition cannot be withdrawn by the landlord without first giving at least six months notice to the Association. If however the landlord refuses or withdraws recognition, then the Association can apply for recognition to one of the five Rent Assessment Panels which constitute the Residential Property Tribunal Service (RPTS) and in whose region the properties are located. A list of the panels and their addresses is given on the contacts page . How is application for recognition made to a panel?An application form can be obtained from a panel office. The Association will need to supply with its application (a) A copy of the Association's Constitution (Rules) It should be noted that it is the panels' practice to pass copies of documentation received from a party to any other interested party. It follows that correspondence written 'without prejudice' or 'in confidence' cannot be accepted. Who will deal with the matter?In the first instance, the application will be dealt with by the Clerks who comprise the administrative staff of the panel. They will deal with all correspondence and will continue to deal with the paperwork until the final decision is reached. Clerks are able to speak to you about the processes and procedures relating to the application. They cannot however give legal advice or advise you about the law relating to your application. Consideration of the application and the decision as to whether recognition should be granted will be made by a member of the panel nominated by the panel President or by the President personally. He or she will be a qualified lawyer or valuer (a surveyor with experience of the management of housing property) . Will recognition be given automatically?No. The panel has a discretion as to whether recognition should be granted and will need to be satisfied that the Rules of the Association are fair and democratic - also that the actual membership of the Association will represent a significant proportion of the potential membership. As a general rule, the panel would expect the membership to be not less than 60% of those qualifying to join the Association. What is meant by fair and democratic?The panel will need to be satisfied that the Rules cover the following matters, among others:
What form should the Association's rules take?The Annex to this guidance contains a set of model rules which you may find helpful in drawing up your own Constitution. They may need modification to suit the particular circumstances of your Association and there is no obligation to adopt them. You may prefer to draft your own Rules, but you must ensure that they meet the essential criteria set out in the previous paragraph.
Who will be eligible for membership of the Association?There is no precise definition of tenants' qualifications and each case must be considered on its merits. Basically a member must be contributing to the payment of a service charge levied by a landlord and which the landlord can, under the terms of similar leases/ tenancies, vary from time to time to meet expenditure incurred or to be incurred in the maintenance, repair or insurance of a block or estate of dwellings in the landlord's ownership. Tenants paying fixed rents which incorporate a non-variable service charge will not qualify for membership. Membership will not be open to landlords personally nor to persons connected with them (e.g. employees of the landlord) . Tenants of shops or similar business premises (unless their tenancies incorporate residential accommodation) would not usually qualify. Membership of an Association may be extended to other individuals with a common interest ( for example sub tenants) but they will not have voting rights and cannot be party to the proceedings of the Association in its role as a Recognised Association. How is recognition by a panel given and for how long will it last?The panel member appointed to consider the application will consider all the documentation submitted including any submission made by the landlord. If that member is satisfied that recognition should be granted, he or she will issue a Certificate of Recognition. The length of validity of the Certificate is at the panel's discretion but will usually be for four years. When the Certificate expires, the Association can apply for renewal. It is open to the panel to cancel a Certificate at any time if it is considered that for some reason the Association no longer merits recognition. Can an estate have more than one recognised association?In certain circumstances, more than one Association will be recognised where there is no duplication and the interests of tenants can be seen to differ - for example separate blocks of flats (but not separate Associations representing tenants in the same block) . Why form a tenants' association?A landlord can be required to consult a recognised Association regarding such matters as service charges and management which would not be so in the case of individual tenants. It should also be helpful to a landlord to consult with an Association rather than to have to go to the greater trouble and expense of dealing with individual tenants. What if there is a change of landlord?The Association with a current Certificate of Recognition should serve a Notice on the new landlord if it still wishes to be consulted indicating the existence of a Certificate. If the association is unhappy with the administration of its application to the panel, to whom should it complain?If you have a complaint about the work of the panel you should write to the panel's President. You will receive an acknowledgement within two days of receipt of your complaint. A further appeal may be made from the decision of a President to a panel constituted from the RPTS Management Board. Such appeals should be addressed to: The Senior President A full reply will follow within fifteen working days or you will be advised of the delay. If you remain dissatisfied, you are entitled to ask your MP to ask the Parliamentary Ombudsman to investigate your complaint. What will it cost to make the application?No charge is made by the panel but each party must meet their own costs.
Annex
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Copyright 2005