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

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.