Key Rights
England only. Statutory rights for tenants' associations — before and after recognition — plus a separate section on right to manage. Each right includes the relevant law and, where useful, an email template. All templates are also on the email templates page.
Important notes
This is not legal advice. Check the legislation, your lease, and official guidance before acting. Laws change — verify anything you rely on.
Spot an error or have a tip for other associations? Contact us.
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Before recognition
While you are forming an association and seeking recognition. You can also use the s.21 and s.22 rights as an individual leaseholder — no recognition needed.
1.The right to exist and be recognised
The foundation of everything else. An association can be recognised either by the landlord in writing, or by a certificate from the First-tier Tribunal if the landlord refuses.
Legislation
s.29, Landlord and Tenant Act 1985
Landlord and Tenant Act 1985, section 29
(1) 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—
(a) by notice in writing given by the landlord to the secretary of the association, or
(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(2) A notice given under subsection (1)(a) may be withdrawn by the landlord by notice in writing given to the secretary of the association not less than six months before the date on which it is to be withdrawn.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 under subsection (1)(b)(i) may be cancelled by the First-tier Tribunal.Tenants' Associations (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018
Tenants' Associations (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018 — summary
These Regulations set out what an association must demonstrate to obtain recognition (whether from the landlord or the tribunal). In broad terms, the association must: • represent more than 50% of qualifying tenants at the premises; • have a written constitution that meets the requirements in the Regulations (including democratic decision-making, election of officers, amendment procedures, and independence from the landlord); • not be controlled by the landlord or a person connected with the landlord. The full constitutional requirements are set out in Parts 1 and 2 of the Regulations.
Recognised Tenants' Associations (Procedure) (England) Regulations 2018
Recognised Tenants' Associations (Procedure) (England) Regulations 2018 — summary
These Regulations govern applications to the First-tier Tribunal (Property Chamber) for a certificate of recognition where the landlord does not grant recognition voluntarily. They cover the form of application, service on the landlord, the tribunal's procedure, and the duration and cancellation of certificates.
Email template
The right to exist and be recognised
Subject: Request for Recognition of Tenants' Association – [Property Address] Dear [Landlord/Managing Agent Name], We are writing on behalf of [Association Name], an association of qualifying tenants at [Property Address]. Our association has been formed in accordance with the requirements of section 29 of the Landlord and Tenant Act 1985 and the Tenants' Associations (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018. Our membership currently represents more than 50% of the qualifying tenants at the above property, and our constitution meets the statutory requirements for recognition. We formally request that you grant recognition of [Association Name] by providing written notice to the secretary of the association at the address below. If we do not receive a response within [28 days], we reserve the right to apply to the First-tier Tribunal (Property Chamber) for a certificate of recognition. Yours sincerely, [Secretary Name] Secretary, [Association Name] [Address] [Email] [Date]
2.The right to obtain contact details of other leaseholders
The association's secretary can formally request that the landlord disclose the contact details of other qualifying tenants in the building (where those tenants have consented), to help grow membership.
Legislation
s.29A, Landlord and Tenant Act 1985
Landlord and Tenant Act 1985, section 29A
(1) The Secretary of State may by regulations impose duties on a landlord to provide the secretary of a relevant tenants' association with information about relevant qualifying tenants. (2) The regulations may— (a) make provision about the tenants about whom information must be provided and what information must be provided; (b) require a landlord to seek the consent of a tenant to the provision of information about that tenant; (c) require a landlord to identify how many tenants have not consented. (3) The regulations may— (a) authorise a landlord to charge costs specified in or determined in accordance with the regulations; (b) impose time limits on a landlord for the taking of any steps under the regulations; (c) make provision about the form or content of any notices under the regulations; (d) make other provision as to the procedure in connection with anything authorised or required by the regulations. (4) The regulations may confer power on a court or tribunal to make an order remedying a failure by a landlord to comply with the regulations.
Tenants' Associations (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018, Part 3
Tenants' Associations Regulations 2018, Part 3 — summary
Part 3 sets out how a secretary of a tenants' association must make a request under section 29A, including the information the request must contain and the steps the landlord must take to obtain tenant consent before sharing contact details.
Email template
The right to obtain contact details of other leaseholders
Subject: Request for Qualifying Tenant Information – [Property Address] Dear [Landlord/Managing Agent Name], We are writing on behalf of [Association Name], a tenants' association at [Property Address]. Pursuant to section 29A of the Landlord and Tenant Act 1985 and Part 3 of the Tenants' Associations (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018, the secretary of the association hereby formally requests that you provide the contact details of qualifying tenants at the above property who have consented to their information being shared. Specifically, we request the following information in respect of each consenting qualifying tenant: Their name Their contact address Any email address or telephone number they have provided for this purpose We understand that you are required to write to all qualifying tenants to ask whether they consent to their details being shared, and to provide us with the details of those who do, within the time period prescribed by the Regulations. Yours sincerely, [Secretary Name] Secretary, [Association Name] [Address] [Email] [Date]
3.The right to a summary of service charge costs
Any qualifying tenant or leaseholder can request a written summary of costs incurred in the accounting period. Recognition is not required — this is an individual right under the Act.
Legislation
s.21, Landlord and Tenant Act 1985
Landlord and Tenant Act 1985, section 21 (request for summary of relevant costs)
(1) A tenant may by notice in writing require the landlord to provide him with a written summary of the relevant costs taken into account in calculating the service charges of which he pays or may be liable to pay a contribution. (2) The summary shall relate either— (a) to costs incurred in the accounting period immediately preceding the date of the notice, or (b) where there is no accounting period or no accounting period preceding the date of the notice, to costs incurred in the period of twelve months ending with the date of the notice. (3) The landlord shall comply with the notice within one month of its receipt, or if later, within six months of the end of the accounting period to which it relates.
This is the version of section 21 currently in force for cost summary requests. A later substituted version conferring regulation-making powers has not been brought fully into force for this purpose.
Email template
The right to a summary of service charge costs
Subject: Request for Summary of Service Charge Costs – [Property Address] Dear [Landlord/Managing Agent Name], I am writing as a leaseholder of [Flat/Unit Number] at [Property Address]. Pursuant to section 21 of the Landlord and Tenant Act 1985, I formally request a written summary of the costs incurred in connection with the service charge for the accounting period ending [date]. I understand that you are required to provide this summary within one month of this request, or within six months of the end of the accounting period to which it relates, whichever is the later. Please provide the summary to me at the address below. Yours sincerely, [Your Name] [Flat/Unit Number], [Property Address] [Email] [Date]
4.The right to inspect accounts and receipts
Following receipt of the s.21 summary, any individual leaseholder can require the landlord to allow inspection of the underlying accounts, receipts, and supporting documents. Recognition is not required.
Legislation
s.22, Landlord and Tenant Act 1985
Landlord and Tenant Act 1985, section 22
(1) This section applies where a tenant, or the secretary of a recognised tenants' association, has obtained such a summary as is referred to in section 21(1) (summary of relevant costs), whether in pursuance of that section or otherwise. (2) The tenant, or the secretary with the consent of the tenant, may within six months of obtaining the summary require the landlord in writing to afford him reasonable facilities— (a) for inspecting the accounts, receipts and other documents supporting the summary, and (b) for taking copies or extracts from them. (4) The landlord shall make such facilities available to the tenant or secretary for a period of two months beginning not later than one month after the request is made. (5) The landlord shall— (a) where such facilities are for the inspection of any documents, make them so available free of charge; (b) where such facilities are for the taking of copies or extracts, be entitled to make them so available on payment of such reasonable charge as he may determine.
Email template
The right to inspect accounts and receipts
Subject: Request to Inspect Service Charge Accounts and Receipts – [Property Address] Dear [Landlord/Managing Agent Name], I am writing as a leaseholder of [Flat/Unit Number] at [Property Address]. Having received the summary of service charge costs for the accounting period ending [date], I now formally request, pursuant to section 22 of the Landlord and Tenant Act 1985, that you make available for inspection the accounts, receipts, and other documents relevant to the information contained in that summary. I ask that you: Make the documents available for inspection at a reasonable time and place within 21 days of this request Provide facilities for copies to be taken of any documents I wish to retain Please confirm a suitable time and location for inspection. I am available on the following dates: [insert dates]. Yours sincerely, [Your Name] [Flat/Unit Number], [Property Address] [Email] [Date]
Once recognised
Once the landlord recognises your association in writing, or the tribunal issues a certificate. The secretary may also use the s.21 and s.22 rights on the association's behalf.
1.The right to be consulted on major works and long-term agreements
Before a landlord can spend above a threshold on works or enter a qualifying long-term contract funded by service charge, they must formally consult the association.
Legislation
s.20, Landlord and Tenant Act 1985
Landlord and Tenant Act 1985, section 20
(1) Where this section applies to any qualifying works or qualifying long term agreement, the relevant contributions of tenants are limited in accordance with subsection (6) or (7) (or both) unless the consultation requirements have been either— (a) complied with in relation to the works or agreement, or (b) dispensed with in relation to the works or agreement by (or on appeal from) the appropriate tribunal. (2) In this section "relevant contribution", in relation to a tenant and any works or agreement, is the amount which he may be required under the terms of his lease to contribute (by the payment of service charges) to relevant costs incurred on carrying out the works or under the agreement. (3) This section applies to qualifying works if relevant costs incurred on carrying out the works exceed an appropriate amount. (4) The Secretary of State may by regulations provide that this section applies to a qualifying long term agreement— (a) if relevant costs incurred under the agreement exceed an appropriate amount, or (b) if relevant costs incurred under the agreement during a period prescribed by the regulations exceed an appropriate amount.
Service Charges (Consultation Requirements) (England) Regulations 2003
Service Charges (Consultation Requirements) (England) Regulations 2003 — key provisions
Regulation 2 — "relevant period", in relation to a notice, means the period of 30 days beginning with the date of the notice. Regulation 6 — For qualifying works, section 20 applies if relevant costs exceed an amount which results in the relevant contribution of any tenant being more than £250. Regulation 4 — For qualifying long term agreements, section 20 applies if relevant costs in an accounting period exceed an amount which results in the relevant contribution of any tenant being more than £100. Schedules 3 and 4 set out the detailed consultation procedure (notice of intention, estimates, observations, and final proposals) for works and long-term agreements respectively.
Email template
The right to be consulted on major works and long-term agreements
Subject: Request for Consultation on Proposed Major Works – [Property Address] Dear [Landlord/Managing Agent Name], We are writing on behalf of [Association Name], the recognised tenants' association for [Property Address]. It has come to our attention that you are proposing to carry out works at the above property that may be funded through the service charge. We understand that the estimated cost may exceed the threshold requiring statutory consultation under section 20 of the Landlord and Tenant Act 1985 and the Service Charges (Consultation Requirements) (England) Regulations 2003. We formally request that you: Confirm whether the proposed works are subject to section 20 consultation requirements Issue a Notice of Intention to the association and all qualifying tenants, as required by the Regulations Allow a period of no less than 30 days for us to submit observations Please be aware that failure to comply with the consultation requirements may result in the recoverable contribution from each leaseholder being limited to £250. We look forward to your response within 14 days. Yours sincerely, [Secretary Name] Secretary, [Association Name] [Address] [Email] [Date]
2.The right to be consulted on the appointment of a managing agent
The landlord must consult the association before appointing or reappointing a managing agent.
Legislation
s.30B, Landlord and Tenant Act 1985
Landlord and Tenant Act 1985, section 30B
(1) A recognised tenants' association may at any time serve a notice on the landlord requesting him to consult the association in accordance with this section on matters relating to the appointment or employment by him of a managing agent for any relevant premises. (2) Where, at the time when any such notice is served by a recognised tenants' association, the landlord does not employ any managing agent for any relevant premises, the landlord shall, before appointing such a managing agent, serve on the association a notice specifying— (a) the name of the proposed managing agent; (b) the landlord's obligations to the tenants represented by the association which it is proposed that the managing agent should be required to discharge on his behalf; and (c) a period of not less than one month beginning with the date of service of the notice within which the association may make observations on the proposed appointment. (7) Any notice served by a landlord under this section shall specify the name and the address in the United Kingdom of the person to whom any observations made in pursuance of the notice are to be sent; and the landlord shall have regard to any such observations that are received by that person within the period specified in the notice.
Email template
The right to be consulted on the appointment of a managing agent
Subject: Request for Consultation on Managing Agent Appointment – [Property Address] Dear [Landlord/Managing Agent Name], We are writing on behalf of [Association Name], the recognised tenants' association for [Property Address]. We understand that you are considering appointing [or reappointing] a managing agent for the above property. Under section 30B of the Landlord and Tenant Act 1985, you are required to consult the recognised tenants' association before making such an appointment. We formally request that you: Provide us with details of any managing agent you are proposing to appoint or reappoint, including their name, contact details, and proposed terms of engagement Allow the association a reasonable period of no less than 28 days to consider the proposed appointment and submit observations Have regard to any observations we make before proceeding We would welcome the opportunity to discuss this matter further and are happy to arrange a meeting at a mutually convenient time. Yours sincerely, [Secretary Name] Secretary, [Association Name] [Address] [Email] [Date]
3.The right to appoint a surveyor
Exclusive to a recognised association (not available to individual leaseholders). The appointed surveyor can inspect documents held by the landlord, access communal areas, and take copies — giving the association independent expert eyes on the numbers.
Legislation
s.84 & Schedule 4, Housing Act 1996
Housing Act 1996, section 84 and Schedule 4 — summary
Section 84 enables regulations to be made about the appointment of surveyors by recognised tenants' associations. Schedule 4 gives a recognised tenants' association the right to appoint a surveyor to investigate matters relating to service charges. The appointed surveyor may— • inspect any documents in the landlord's possession or control that are reasonably required; • inspect the common parts of the premises; • be accompanied by such other persons as the surveyor considers necessary; • take copies of documents. The association must give the landlord written notice of the appointment.
Email template
The right to appoint a surveyor
Subject: Notice of Appointment of Surveyor – [Property Address] Dear [Landlord/Managing Agent Name], We are writing on behalf of [Association Name], the recognised tenants' association for [Property Address]. Pursuant to section 84 and Schedule 4 of the Housing Act 1996, we hereby give you formal notice that we have appointed the following surveyor: Name: [Surveyor Name] Address: [Surveyor Address] Duration of appointment: [Start date] to [End date, or "until further notice"] Matters in respect of which appointed: All matters relating to, or which may give rise to, service charges payable by members of this association, including inspection of relevant documents and premises. Under Schedule 4 of the Housing Act 1996, our appointed surveyor is entitled to: Inspect any documents in your possession or control that are reasonably required Inspect the common parts of the property Be accompanied by such other persons as they consider necessary Please arrange access and make all relevant documents available to [Surveyor Name] upon request. They will be in contact to arrange a suitable time. Yours sincerely, [Secretary Name] Secretary, [Association Name] [Address] [Email] [Date]
4.The right to challenge service charge reasonableness
Any member can apply to the First-tier Tribunal to determine whether service charges are reasonable, and the association can act collectively to support that challenge.
Legislation
s.27A, Landlord and Tenant Act 1985
Landlord and Tenant Act 1985, section 27A
(1) An application may be made to the appropriate tribunal for a determination whether a service charge is payable and, if it is, as to— (a) the person by whom it is payable, (b) the person to whom it is payable, (c) the amount which is payable, (d) the date at or by which it is payable, and (e) the manner in which it is payable. (2) Subsection (1) applies whether or not any payment has been made. (3) An application may also be made to the appropriate tribunal for a determination whether, if costs were incurred for services, repairs, maintenance, improvements, insurance or management of any specified description, a service charge would be payable for the costs. (6) An agreement by the tenant of a dwelling (other than a post-dispute arbitration agreement) is void in so far as it purports to provide for a determination in a particular manner, or on particular evidence, of any question which may be the subject of an application under subsection (1) or (3).
Email template
The right to challenge service charge reasonableness
Subject: Formal Dispute of Service Charges – [Property Address] Dear [Landlord/Managing Agent Name], We are writing on behalf of [Association Name], the recognised tenants' association for [Property Address], and on behalf of the following members: [list names or "members as listed in the schedule attached"]. We write to formally dispute the reasonableness of service charges demanded for the period [date] to [date]. Specifically, we dispute the following items: [Item 1] — [brief reason, e.g. "no evidence provided that costs were reasonably incurred"] [Item 2] — [brief reason] [Item 3] — [brief reason] Under section 27A of the Landlord and Tenant Act 1985, any party may apply to the First-tier Tribunal (Property Chamber) for a determination of whether these charges are payable and, if so, in what amount. We invite you to resolve this matter without recourse to the Tribunal by providing full supporting documentation for the disputed items within 21 days of this letter. If we do not receive a satisfactory response, we reserve the right to make an application to the Tribunal without further notice. Yours sincerely, [Secretary Name] Secretary, [Association Name] [Address] [Email] [Date]
5.The right to request insurance information
The association can require the landlord to provide a written summary of the building insurance policy — insurer, cover, and premium.
Legislation
Schedule, para 2(1), Landlord and Tenant Act 1985
Landlord and Tenant Act 1985, Schedule, paragraph 2(1)
(1) Where the relevant tenancy of a tenant of a dwelling requires him— (a) to insure the dwelling or any part of a building containing it; or (b) to pay, in respect of any period, a service charge which consists of or includes an amount payable directly or indirectly for insurance of the dwelling or any such part of a building, the tenant may by notice in writing require the landlord to provide him with a written summary of the policy of insurance in respect of any period for which the tenant is or may be so required to insure the dwelling or part of a building or to pay the service charge. The summary must include the name of the insurer, the risks covered, the amount of cover, and the premium (or the tenant's share of it).
Email template
The right to request insurance information
Subject: Request for Building Insurance Summary – [Property Address] Dear [Landlord/Managing Agent Name], We are writing on behalf of [Association Name], the recognised tenants' association for [Property Address]. Pursuant to paragraph 2(1) of the Schedule to the Landlord and Tenant Act 1985, we formally request a written summary of the building insurance policy for the above property, including: The name of the insurer The risks covered by the policy The amount of cover provided The premium payable Please provide this information to the secretary of the association at the address below within a reasonable time and in any event no later than 21 days from the date of this letter. Yours sincerely, [Secretary Name] Secretary, [Association Name] [Address] [Email] [Date]
Right to manage
A separate legal route — not the next step after recognition, and something that is pursued on a case-by-case basis. No recognised tenants' association is required.
1.The right to acquire management
Qualifying leaseholders can acquire the right to manage their building without the landlord's agreement. The landlord cannot refuse simply because they disagree.
Legislation
s.79, Commonhold and Leasehold Reform Act 2002
Commonhold and Leasehold Reform Act 2002, section 79(1)
(1) A claim to acquire the right to manage any premises is made by giving notice of the claim (referred to in this Chapter as a "claim notice"); and in this Chapter the "relevant date", in relation to any claim to acquire the right to manage, means the date on which notice of the claim is given.
s.84(2)(b), Commonhold and Leasehold Reform Act 2002
Commonhold and Leasehold Reform Act 2002, section 84(2)(b)
(b) alleging that, by reason of a specified provision of this Chapter, the RTM company was on that date not so entitled
2.The right to run the building
Once acquired, the landlord's management functions under the leases pass to the RTM company: services, repairs, maintenance, improvements, insurance, and day-to-day management. The freehold does not transfer.
Legislation
s.96, Commonhold and Leasehold Reform Act 2002
Commonhold and Leasehold Reform Act 2002, section 96
(2) Management functions which a person who is landlord under a lease of the whole or any part of the premises has under the lease are instead functions of the RTM company. (3) And where a person is party to a lease of the whole or any part of the premises otherwise than as landlord or tenant, management functions of his under the lease are also instead functions of the RTM company. (5) "Management functions" are functions with respect to services, repairs, maintenance, improvements, insurance and management.