Leasehold Repairs: What to do when your landlord or freeholder won’t fix problems

So, the dream, and now the reality! You’ve finally bought a flat.

It’s great, until there is a leak. You can’t fix it because it’s outside of your flat and so you tell the agents or the freeholder. But nothing gets done. And then it feels like you are renting again, and back to asking your landlord to fix things – but they don’t.

Or you have moved into a newly built flat and nothing works. The block heating and ventilation system doesn’t work; it’s either too hot or too cold. Or there is mould and damp. Or there are major renovations planned to fix what should have been built properly in the first place. Once again, you are at the mercy of an agent, a freeholder, or a landlord to sort it out.

Then when they finally decide to fix it; it is you who gets a huge bill for the work.

What can you and your fellow leaseholders do?

Fortunately, quite a lot.

Check your lease:

Your lease, the legal agreement governing your ownership, gives you various rights. It’s an agreement between you and the owner of the building, the freeholder.

All leases are different, but most will include provisions requiring the freeholder to keep the building in repair. This will normally include drains, gutters, and external pipes. The freeholder should also be obliged to ensure that the services (lifts, communal heating/ventilation etc) are maintained at a reasonable level and kept in repair. The costs of these repairs are normally shared between the leaseholders.

This means if the roof starts leaking, your freeholder must fix it. If the block heating fails, they have to fix it. If the freeholder does not fix it, you can take action to make them do repairs, ultimately by bringing a court claim. In a court claim as well as repairs you can also seek compensation from your landlord or freeholder for having to live with the problems and any out-of-pocket expenses incurred as a result of the disrepairs.

Although most leases will contain the above provisions, not all do, particularly if your landlord does not own the building.

New builds

If your flat was newly built you may have rights under the purchase agreement or new build warranty for defects. If it was built in the last 30 years, then you may have a claim under the Defective Premises Act 1972. This provides that the property should be fit for human habitation when built, i.e. able to be lived in without undue inconvenience.

How can Anthony Gold help?

Here at Anthony Gold Solicitors, we regularly advise leaseholders and help them with making landlords and freeholders carry out repairs. We’ve dealt with leaks, heating problems, subsidence, fire safety issues, major structural failings and more. We offer various funding solutions including no-win, no-fee agreements.

We are top ranked for our work advising social housing tenants.

Our expert team can assist you if you have any questions about leasehold repairs or other aspects of housing law, contact us on 020 7940 4060 or send us an email at mail@anthonygold.co.uk.