Service charges

C1C2C329 Meaning of “recognised tenants’ association”.

1

A recognised tenants’ association is an association of F1qualifying tenants (whether with or without other tenants) which is recognised for 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

F4b

by a certificate—

i

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

ii

in relation to dwellings in Wales, of a member of the local rent assessment committee panel.

2

A notice given under subsection (1)(a) may be withdrawn by the landlord by notice in writing given to the secretary of the association not less than six months before the date on which it is to be withdrawn.

3

A certificate given F5under 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.

4

In this section the “local rent assessment committee panel” means the persons appointed by the Lord Chancellor under the M1Rent Act 1977 to the panel of persons to act as members of a rent assessment committee for the registration area F6in Wales in which F2the 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..

F35

The Secretary of State may by regulations specify—

a

the procedure which is to be followed in connection with an application for, or for the cancellation of, a certificate under F7subsection (1)(b)(ii);

b

the matters to which regard is to be had in giving or cancelling F8a certificate under subsection (1)(b);

c

the duration of such a certificate; and

d

any circumstances in which a certificate is not to be given under subsection (1)(b).

6

Regulations under subsection (5)—

a

may make different provisions with respect to different cases or descriptions of case, including different provision for different areas, and

b

shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.