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Landlord and Tenant Act 1985, Section 29 is up to date with all changes known to be in force on or before 16 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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
[F2(b)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(2)A notice given under subsection (1)(a) may be withdrawn by the landlord by notice in writing given to the secretary of the association not less than six months before the date on which it is to be withdrawn.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 [F3under 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 [F4in Wales] in which [F5the 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.].
[F6(5)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.
Textual Amendments
F1Words substituted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 10(2)
F2S. 29(1)(b) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 55(a) (with Sch. 3)
F3Words in s. 29(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 55(b) (with Sch. 3)
F4Words in s. 29(4) inserted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 55(c) (with Sch. 3)
F5Words substituted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 10(3)
F6S. 29(5) substituted by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 41, Sch. 2 para. 10(4)
F7Words in s. 29(5)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 55(d)(i) (with Sch. 3)
F8Words in s. 29(5)(b) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 55(d)(ii) (with Sch. 3)
Modifications etc. (not altering text)
C1S. 29 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 24 (as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61) and Housing Act 1988 (c. 50, SIF 61), s. 79(12)
C2Ss. 18-30 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 23(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
Ss. 18-30 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 10(b)
C3Ss. 18-30 modified (30.9.2003 for E. and 30.3.2004 for W.) by 2002 c. 15, ss. 102, 181(1), Sch. 7 para. 4; S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)
Ss. 18-30B extended (30.9.2003 and 28.2.2005 for E. for certain purposes and otherwise prosp. and 30.3.2004 and 31.5.2005 for W. for certain purposes and otherwise prosp.) by 2002 c. 15, ss. 172, 181(1); S.I. 2003/1986, art. 2(c)(ii) (subject to Sch. 2); S.I. 2004/669, art. 2(c)(ii) (subject to Sch. 2); S.I. 2004/3056, art. 3(h) (subject to art. 4 (as amended by S.I. 2005/193, art. 2)); S.I. 2005/1353, art. 2(h) (subject to art. 3)
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