Recognised
Tenants’ Associations help leaseholders to help themselves and
improve the management of their properties
www.lease-advice.org
Setting up a recognised tenants’ association (RTA) is often the
first step residential leaseholders should take when there no
issues with management and service charges. So says The Leasehold
Advisory Service (LEASE), the government-funded free legal advice
service. A RTA enables the block to speak with one voice:
approaching the landlord individually cannot be as cohesive.
“Things like cleaning, routine maintenance and door entry systems
that can, over time, agitate those living in leasehold
properties,” says LEASE chief executive Tony Essien. “It is often
the case that, when they speak together as an RTA, leaseholders
can nip many of these problems in the bud. An RTA offers a single
point of contact with those who own and manage their premises.”
If leaseholders also want to embark on major collective projects
like changing management, challenging service charges outright or
even buying the freehold, then forming a residents association is
the easiest way of ensuring that everyone is involved and
committed before the whole process is begun
It is important to seek formal recognition as an RTA, because the
law then gives the association the powers and rights under
leasehold law that it needs to be really effective. Often
landlords simply grant recognition without any argument: after all
why deal with 20 individuals when you can deal with one? However,
if they refuse to do so, then private leaseholders can apply to a
Rent Assessment Panel (RAP) for recognition. RAPs are part of the
Residential Property Tribunal Service, which also has
responsibility for the Leasehold Valuation Tribunals that can
adjudicate on a range of leasehold disputes.
RTAs can be set up by blocks of any size and have the right to be:
- consulted about the appointment of managing agents,
-
notified of works proposed by the landlords and to receive copies
of estimates,
- submit the names of contractors that it would
like to be included in a tender list,
- obtain information
about service charge accounts,
- appoint a surveyor who will
have rights of access to the property and to the documents
retained by those who manage the property.
Current legislation does of course give individual leaseholders
many rights, but RTAs do have additional rights, says LEASE.
Leaseholders can demand information about their own service
charges and landlords have to consult and try to obtain estimates
from leaseholders’ recommended contactors when works to their
building will cost any one leaseholder more than £250.
Perhaps the most detailed handbook for setting up a residents’
association is available for sale from the Federation of Private
Residents’ Associations, a non-profit association of associations
for private sector blocks of flats. It represents the interests of
thousands of leaseholders living in around 500 blocks and FPRA
Chairman Bob Smytherman, is actively promoting the importance of
forming a Residents' Association as the first step in
dealing with management problems in leasehold properties to his members.
FPRA Chairman Bob Smytherman commented: "Running your
own leasehold building can often be time consuming for a few
individuals and the formation of a recognised residents
association can share the burden out more fairly.”
Further free advice is available from LEASE’s team of 16
qualified lawyers on 020 774 580 and at www.lease-advice.org. LEASE
also publishes a range of detailed guides, all freely available to
download at www.lease-advice.org. Hard
copies are available from LEASE on 020 7374 5380.
The Federation of Private residents Associations can be contacted
on 0871 200 3324 or visit their web site atwww.fpra.org.uk.
ends
Notes to Editors
The Leasehold Advisory Service (LEASE) is an Executive Non
Departmental Public Body (ENDPB) funded by Government to provide
free legal advice to leaseholders, landlords, professional
advisers, managers and others on the law affecting residential
leasehold and commonhold. It also provides a mediation service.
LEASE is funded by
- Communities and Local Government
- Ministry of Justice
- Welsh Assembly Government
LEASE provides advice by telephone, by letter or email, or in
person at the office; and it can arrange seminars and group
meetings where large numbers of leaseholders want to discuss a
joint issue. LEASE publishes a wide range of free advice notes
that are available on request or to download.
Leasehold advisers are available for telephone advice from 9.30am
to 5.00pm Monday to Friday on 020 7374 5380.
Contacts:
Lynne East.
Phone: 01273 731184
Mobile: 07850
965442
Fax: 020 7691 7082
lynne.east@btinternet.com