Recognised tenants' association LTA 1985 s. 29
Recognition by landlord's notice or by certificate from First-tier Tribunal (England) or rent assessment committee panel member (Wales).
A recognised tenants’ association is an association of qualifying tenants (whether with or without other tenants) which is recognised for purposes of the provisions of this Act relating to service charges either— by notice in writing given by the landlord to the secretary of the association, or by a certificate— in relation to dwellings in England, of the First-tier Tribunal; and in relation to dwellings in Wales, of a member of the local rent assessment committee panel. A notice given under subsection (1)(a) may be withdrawn by the landlord by notice in writing given to the secretary of the association not less than six months before the date on which it is to be withdrawn. A certificate given under subsection (1)(b)(i) may be cancelled by the First-tier Tribunal, and a certificate given under subsection (1)(b)(ii) may be cancelled by any member of the local rent assessment committee panel. In this section the “ local rent assessment committee panel ” means the persons appointed by the Lord Chancellor under the Rent Act 1977 to the panel of persons to act as members of a rent assessment committee for the registration area in Wales in which the dwellings let to the qualifying tenants are situated, and 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 Secretary of State may by regulations specify— the procedure which is to be followed in connection with an application for, or for the cancellation of, a certificate under subsection (1)(b)(ii) ; the matters to which regard is to be had in giving or cancelling a certificate under subsection (1)(b) ; the duration of such a certificate; and any circumstances in which a certificate is not to be given under subsection (1)(b). Regulations under subsection (5)— may make different provisions with respect to different cases or descriptions of case, including different provision for different areas, and shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section defines what counts as a "recognised tenants' association" for the service charge provisions of the Landlord and Tenant Act 1985. An association of qualifying tenants (tenants who pay service charges towards the same costs) becomes recognised in one of two ways: either the landlord gives a written notice to the association's secretary, or a certificate is issued by the First-tier Tribunal (for dwellings in England) or by a member of the local rent assessment committee panel (for dwellings in Wales).
Recognition by landlord's notice can be withdrawn by the landlord giving at least six months' written notice to the secretary. Certificates can be cancelled by the same body that issued them. The Secretary of State may make regulations about the procedure for applying for or cancelling certificates, the matters to consider, duration, and circumstances where a certificate should not be given.
The definition is important because only a recognised tenants' association has certain rights under other sections, such as requesting information about tenants (s.29a) or being consulted about managing agents (s.30b).
When it applies
- A group of leaseholders form an association and the landlord sends a letter to the secretary stating the association is recognised.
- The landlord refuses to recognise the association, so the tenants apply to the First-tier Tribunal for a certificate of recognition.
- Landlord gives written notice to the secretary that recognition will be withdrawn in six months.
- A recognised tenants' association in Wales receives a certificate from a rent assessment committee panel member, which later cancels it.
- Tenants need to verify their association is recognised before exercising rights under sections 29A or 30B.
What this section does not say
- This section does not set out the rights that a recognised tenants' association has – those are found in sections 29A and 30B.
- It does not define the procedure for applying to the First-tier Tribunal or the rent assessment committee for a certificate – that is left to regulations.
- It does not specify what makes a group of tenants an 'association' – only how that association may become recognised.
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This page reproduces the text of LTA 1985 s. 29 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.