Your lease will outline whether the freeholder has any responsibility for repairs. If you own a leasehold flat the freeholder may be responsible for repairs to the structure of the building, or shared areas. If you own a leasehold house it is unlikely that your freeholder will be responsible for repairs.

• I own a house on leasehold
• What are leaseholders responsible for?
• What is the freeholder responsible for?
• Who has to pay for the repairs?
• My freeholder won't carry out repairs

I own a house on leasehold

Your lease will outline whether your freeholder must carry out certain repairs. It is unlikely that your freeholder will be responsible for repairs if you own a house.

If you are unaware of the terms of your lease you can get a copy from the solicitor who carried out the legal work when you purchased your house.

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What are leaseholders responsible for?

The leaseholder will usually be responsible for looking after her/his part of the building. For example:

• all internal decoration, including carpets and paintwork
• repairs to furniture and appliances
• repairs to internal plumbing and wiring
• repairs to plasterwork
• repairs to floorboards

The freeholder usually has to repair problems with a shared heating system or a leaking roof.

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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)

Write to your freeholder if 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.

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Who has to pay for the repairs?

Leaseholders must pay for any repairs that the lease states our their responsibility. Even if your freeholder is responsible for repairs you may end up paying for some of them.

A freeholder's building insurance may cover all or part of the cost. However, if anything isn't covered by building insurance each leaseholder may have to pay a share of the total cost. For example, replacing a worn out lift in a block of flats.

The freeholder may also establish a 'sinking fund' or 'repair fund from service charges to pay for major repairs. The freeholder must consult with all leaseholders before increasing service charges to cover the cost of repairs. Get advice if you feel that your freeholder hasn't consulted you properly.

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My freeholder won't carry out repairs

If your freeholder refuses to carry out repairs s/he is responsible for, s/he is breaking the conditions of your lease. Get legal advice if you are in this situation. You may be able to take your freeholder to court to force her/him to do the work.