Leasehold repairs
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
Getting repairs done can be complicated if you are a leaseholder, particularly if the work needed affects more than one home in the same building. In most cases the freeholder is responsible for arranging the repairs if the problem affects the structure of the building or shared areas, but leaseholders may have to pay some or all of the costs involved.
What are leaseholders responsible for?
Nearly all leases say that the leaseholder is responsible for looking after her/his part of the building. This usually includes:
- all internal decoration, including carpets and paintwork
- repairs to furniture and appliances
- repairs to internal plumbing and wiring
- repairs to plasterwork
- repairs to floorboards.
However, the freeholder may be responsible for arranging some types of repairs. This might be the case if the repairs needed affect more than one home, such as problems with a shared heating system or a leaking roof.
What is the freeholder responsible for?
The freeholder is usually responsible for:
- repairs to the building's structure, including the roof and guttering
- repairs to shared parts of the building, such as lifts and communal stairways
- buildings insurance (to protect the entire building from accidents and disasters such as fire or flood).
The freeholder is only responsible for these repairs if s/he knows they are needed. The freeholder doesn't have to inspect the property to check, but some freeholders may do so, particularly in large blocks of flats. You should therefore write to her/him as soon as there are any problems. Give details of the repairs that are needed. Give the freeholder a realistic deadline for carrying them out. Date your letter and keep a copy.
Who has to pay for the work?
Leaseholders usually have to pay for repairs that the lease says they are responsible for. Even where the freeholder is responsible for getting repairs done, the leaseholders in the building may still end up paying for them. The freeholder's buildings insurance may cover all or part of the cost (for example if the damage is caused by an accident) but if anything is not covered (such as replacing a worn out lift), each leaseholder normally has to pay a share of the total cost.
If the freeholder plans to carry out major repairs, there may be a sinking fund or reserve fund, which the leaseholders pay into over a number of years. If there isn't a sinking fund and the freeholder wants to get back the money through service charges, s/he has to consult all the leaseholders first. If s/he doesn't consult you properly you may not have to pay all the costs. If you think this is the case, contact the Leasehold Advisory Service or a solicitor.
What if the freeholder refuses to do the repairs?
If your freeholder refuses to carry out repairs s/he is responsible for, s/he is breaking the conditions of your lease. Get professional advice if you are in this situation. You may be able to take her/him to court to force her/him to do the work. The court may also be able to order her/him to pay you compensation.
If the problems make it dangerous to live in your home or your health could suffer if you stay there, the council's environmental health department may also be able to help. In serious situations like these, environmental health can order the freeholder to do the work.
If your freeholder still doesn't get the work done, you may be able to carry out the work yourself and claim the money back from the freeholder. You will probably end up paying for a share of the work through service charges.
What if other leaseholders refuse to pay?
If one or more leaseholders refuse to pay for essential repairs, the freeholder can still get the work done. The freeholder can't use this as an excuse to put off the repairs. This is usually the case even if your lease says that the freeholder doesn't have to organise the work until the leaseholders have paid for it.
As long as the freeholder has consulted the leaseholders about the work and the costs are reasonable, the freeholder can include them in the service charge. If any leaseholder refuses to pay the service charge, the freeholder can take her/him to court. S/he can't ask any leaseholder to pay more than her/his share.
Where can I get help?
You may be able to get advice and help to settle a dispute about repair problems from the Leasehold Advisory Service (LEASE), but you will probably need to contact a solicitor. Use the Legal Adviser Finder to find one, or call the CLA helpline on 0845 345 4 345 for free initial advice.
Alternatively, a local Shelter advice centre or Citizens Advice may be able to help you. Use our directory to find one.
