The "Fix-It" Guide: Repairing and Maintenance Obligations for Leasehold Properties

Owning a leasehold can feel like a walking fine line between independence and shared responsibility. While you might have the freedom to decorate and live your life, when it comes to repair and maintenance, things can get a bit… complicated. 

As a leaseholder, you don’t own the land or the building – just the flat you live in. So, the freeholder (the landlord of the whole building) typically takes on the responsibility for repairing and maintaining the structure of the building. This includes:

• The roof. If you’re seeing a drip, it is likely the freeholder’s job to get that roof patched up.
• The building’s exterior: brickwork, windows and the overall façade? That’s also down to the freeholder to maintain and repair.
• Communal/shared areas also fall under the freeholder’s remit.

In exchange for this, the freeholder usually charges a service charge to cover the costs of repairs and maintenance. So, even though its not directly your job to fix the roof, you’ll be contributing to its upkeep through this fee.

As a leaseholder, you are responsible for keeping your flat in good condition. This means maintaining the internal elements of the property such as plumbing, electrical systems, fixtures and fittings and decoration. Whilst this list is far from exhaustive, you are also expected to report any issues that might affect the wider building.

When you live in a leasehold flat, for instance, your world is often surrounded by shared spaces and communal areas that connect all the flats within the building. These spaces are typically the responsibility of the freeholder/management company to maintain, but the costs associated with upkeep don’t come for free. The maintenance is therefore a team effort, and the freeholder takes the lead. Here is where service charge comes into play. These charges are paid by all leaseholders in the building to cover the costs of maintaining shared spaces. Saying that, it is not just routine maintenance you might need to worry about – major works can come up too. This could include significant repairs, like replacing the roof or refurbishing the lift. Under UK law, the freeholder cannot charge leaseholders for major works over a certain amount (usually £250 per flat) unless they follow proper procedures. The freeholder must give you notice of any proposed major works and provide estimates and details of costs. Leaseholders have the right to challenge any excessive costs or procedures if they feel the work isn’t necessary or the charges are too high.

The devil is always in the details. Your lease agreement will outline exactly what you are responsible for and what the freeholder is responsible for. This is where things can get tricky, so read it carefully! Some lease agreements are more specific than others, and so you may find that your obligations go beyond basic maintenance.

If the freeholder isn’t keeping up with repairs and maintenance of the communal areas, or if you’re stuck in a dispute about who’s responsible for a repair, the best thing to do is to check your lease! This will be your go-to guide and should clarify who’s responsible.

Make sure you’re clear on the terms of your lease. When in doubt, read your lease, raise concerns early and communicate with your freeholder or management company to avoid any unpleasant surprises.