The Tenants’ Associations (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018

PART 2 Recognised tenants’ associations

Interpretation of Part 2

2.  In this Part—

“certificate” means a certificate given by the First-tier Tribunal under section 29(1)(b)(i) of the Landlord and Tenant Act 1985 (certificate recognising a tenants’ association);

“related premises” means more than one premises which have a common landlord.

Matters to which regard must be had by the First-tier Tribunal in giving a certificate

3.  The First-tier Tribunal must, in particular, have regard to the following matters in giving a certificate—

(a) the composition of the membership of the tenants’ association;

(b) the tenants’ association’s rules regarding membership, including whether tenants who are not qualifying tenants are entitled to become members;

(c) the tenants’ association’s rules regarding decision making;

(d) the tenants’ association’s rules regarding voting;

(e) the extent to which any fees or charges payable in connection with membership of the tenants’ association apply equally to all members;

(f) the extent to which the constitution of the tenants’ association takes account of the interests of all members;

(g) the extent to which the tenants’ association is independent of the landlord of the dwellings to which the association relates;

(h) whether the tenants’ association has a chairperson, secretary and treasurer;

(i) whether the constitution of the tenants’ association may be amended by resolution of the members and the rules regarding amendment;

(j) whether the tenants’ association’s constitution, accounts and list of members are—

(i) kept up to date; and

(ii) available for public inspection;

(k) the extent to which the association operates in an open and transparent way.

Circumstances in which a certificate is not to be given

4.—(1) The First-tier Tribunal must not give a certificate to a tenants’ association in relation to a premises where the tenants’ association represents fewer than 50% of the qualifying tenants of dwellings situated in the premises.

(2) But where—

(a) the tenants’ association represents qualifying tenants in dwellings situated in related premises; and

(b) those qualifying tenants contribute to the same costs by the payment of a service charge,

the First-tier 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.

(3) The First-tier Tribunal must not give a certificate to a tenants’ association 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.

(4) The First-tier Tribunal must not give a certificate to a tenants’ association if the First-tier Tribunal is not satisfied that the constitution and rules of the tenants’ association are fair and democratic.

(5) Paragraphs (1) and (3) do not apply where—

(a) the landlord has failed to comply with an order made by the First-tier tribunal in relation to the tenants’ association under regulation 11 (an order requiring the landlord to comply with regulation 8, 9 or 10); and

(b) the tenants association represents a substantial number of qualifying tenants of dwellings in the premises or, as the case may be, the related premises.

(6) This regulation is without prejudice to any powers the First-tier Tribunal has, including its powers to not give a certificate.

Matters to which regard must be had by the First-tier Tribunal in cancelling a certificate

5.  The First-tier Tribunal must, in particular, have regard to the following matters in cancelling a certificate—

(a) whether the certificate was obtained by deception or fraud;

(b) 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;

(c) 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;

(d) 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;

(e) whether any provision of the constitution of the tenants’ association has been breached and, if so, the extent and nature of the breach;

(f) 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;

(g) any irregularities in the tenants’ association’s—

(i) voting process;

(ii) decision making;

(iii) implementing of decisions; or

(iv) recording of decisions, and

the nature of the irregularities and their effect.