[2025] UKUT 359 (LC)

Section 29 of the Landlord and Tenant Act 1985 says this (so far as relevant):

“(1)

A recognised tenants' association is an association of qualifying tenants (whether with or without other tenants) which is recognised for the purposes of the provisions of this Act relating to service charges either—

(a)

by notice in writing given by the landlord to the secretary of the association, or

(b)

by a certificate—

(i)

in relation to dwellings in England, of the First-tier Tribunal;….

….

(4)

In this section … for the purposes of this section a number of tenants are qualifying tenants if each of them may be required under the terms of his lease to contribute to the same costs by the payment of a service charge.”

The 1985 Act goes on to make provisions about the role of an RTA, in particular in the context of consultation about major works under section 20 of the 1985 Act.

Section 29A makes provision for regulations to require landlords to provide information about their qualifying tenants, and adds a further definition:

“qualifying tenant” means a tenant who, under the terms of the lease, is required to contribute to the same costs as another tenant by the payment of a service charge.

On an application for a certificate under section 29(1)(b)(i) the FTT has a discretion; regulation 3 of the Tenants’ Associations (Regulations Relating to Recognition and Provision of Information) (England) Regulations 2018 sets out the matters the FTT has to consider in deciding whether to grant a certificate, including the association’s rules about decision-making and voting and “the extent to which the constitution of the tenants’ association takes account of the interests of all members”. Regulation 4 restricts the FTT’s discretion as follows:

“(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.”