Leaseholder vs Freeholder repairs – who is responsible for what?

Introduction 

Owning a leasehold property can be a cost-effective way to get on the property ladder, particularly in cities like London where freehold properties are rare and expensive. However, it also comes with shared responsibilities between you, the leaseholder, and the freeholder, who owns the land and building. 

One of the most common causes of disputes between leaseholders and freeholders is who should pay for repairs. From leaky roofs to broken boilers, the question of responsibility often depends on the wording of your lease, the nature of the repair, and whether the area affected is part of your property or a shared space. 

This blog explains the typical division of repair responsibilities under English law and common lease terms, so you can avoid disputes and unexpected bills.  

What are leasehold and freehold responsibilities? 

A leasehold property is one where you own the right to occupy a property for a set period of time, often 99, 125 or even 999 years, but you do not own the land or the building it sits in. That ownership remains with the freeholder (sometimes called the landlord). 

Your lease sets out exactly which parts of the property you are responsible for and which are the freeholder’s duty to maintain. Generally speaking: 

• Leaseholders look after the inside of their home. 

• Freeholders maintain the structure of the building and any shared or communal areas. 

It’s important to note that your lease is the ultimate authority. While there are common patterns of responsibility, the legal obligations in your situation will depend on your specific agreement. That’s why it’s crucial to have your lease reviewed if you’re unsure. 

Partner Timothy Waitt has a dedicated blog explaining leaseholder repair obligations in more detail here. It’s worth reading alongside this blog to get a complete picture of your rights and duties. 

What are freeholder repair responsibilities? 

Freeholders generally take responsibility for the structure and exterior of the building, as well as any shared services or communal areas. 

Areas typically covered by the freeholder 

• Structural elements –which includes foundations, main walls, roof, beams, and load-bearing parts. 

• Exterior – which includes brickwork, cladding, windows (this usually doesn’t include the glass). 

• Communal areas – which includes staircases, hallways, lifts, gardens. 

• Shared services – which includes communal heating systems, drainage, and lighting. 

Examples of common freeholder repairs 

• Repairing a leaking roof. 

• Replacing broken communal lighting. 

• Fixing damaged brickwork or external cladding. 

These works are usually funded through service charges, which leaseholders contribute to under the terms of their lease. Disputes can arise if leaseholders believe works are unnecessary, overpriced, or of poor quality. 

What are the shared or disputed responsibilities? 

Not all repairs fit neatly into “leaseholder” or “freeholder” categories. Areas that often cause confusion include: 

• Balconies – the lease may not expressly include the balcony as part of the freeholder’s repair obligation. It could be interpreted into the lease as forming part of the structure, in which case forming part of the freeholder’s repair obligations.  

• Front doors – some leases may expressly say they form part of the freeholder’s responsibility others may be silent. If a lease is silent on who is responsible for front doors, it could be interpreted into the lease as forming part of the structure, in which case forming part of the freeholder’s repair obligations. Although this could cause confusion in terms of who is responsible for the interior face of the door and the glass if there is glazing.  

When disputes arise, the wording of the lease will be key. If unclear, legal advice can help interpret your rights and obligations. 

What can you do if repairs are not carried out? 

If the freeholder fails to carry out repairs they are responsible for, you should: 

1. Report the issue in writing and keep a copy. 

1. Follow up if no action is taken within a reasonable time. 

1. Check your lease to confirm the freeholder’s obligations. 

1. Seek legal advice before taking action yourself, as you may struggle to recover costs, if the lease is not interpreted correctly and proper procedure not followed.  

Leaseholders have legal remedies available, including claiming against the freeholder to get works done and to recover compensation.  

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