Who Is Responsible for Repairs in a Leasehold Property?

Who is responsible for repairs in a leasehold property?

If something breaks in your building, the first question is almost always the same:

"Wait... who actually pays for this?"

And the honest answer is: it depends on your lease. That's not a satisfying answer, but once you understand the basic framework, it becomes a lot clearer - and this guide will get you there.

Whether you're a leaseholder trying to understand your rights, or a director of a residents' management company (RMC) dealing with a repair right now, this guide explains who's responsible for what, the grey areas that cause most disputes, and what to do when something goes wrong.

The simple rule (before we get into the detail)

In most leasehold buildings, responsibility splits along one clear line:

• Inside your flat → you're responsible
• The structure and shared areas → the freeholder or management company is responsible

But here's the part that frustrates a lot of people:

Important: Even when the freeholder or management company is 'responsible' for organising a repair, it's almost always you and your fellow leaseholders who fund it - through your service charge.

So the question of who's responsible for arranging the work, and who ends up paying for it, are often two different answers.

What you're responsible for as a leaseholder

Generally, you're responsible for everything within the four walls of your flat. This typically includes:

• Internal walls, ceilings, and plasterwork
• Flooring (including underlay and joists, depending on your lease)
• Kitchen and bathroom fittings
• Internal pipes and electrical wiring that serve only your flat
• Boiler and heating systems within your flat
• Windows (sometimes - see the grey areas section below)
• Internal doors

If the issue originates inside your flat and only affects your flat, it's almost always your cost to fix.

What the freeholder or management company is responsible for

This covers the structure of the building and everything shared between leaseholders. Typically:

• Roof and roof structure
• External walls and foundations
• Communal hallways, stairwells, and entrance areas
• Lifts (if applicable)
• Shared plumbing, drainage, and electrical systems
• Fire safety systems (alarms, suppression systems, fire doors in communal areas)
• Gutters and external pipework
• Garden and grounds (if part of the building's remit)

The freeholder or management company organises and arranges this work. But to repeat the crucial point: the costs are recovered from leaseholders via the service charge.

If you want to understand how that charge is calculated and what it should cover, our guide on how to set a service charge budget walks through it step by step.

The grey areas that cause most disputes

This is where things get genuinely complicated - and where most disagreements between leaseholders and freeholders happen.

Windows

Windows are one of the most commonly disputed items. In some leases, the leaseholder is responsible for their own windows. In others, windows are treated as part of the external fabric of the building, making them the freeholder's responsibility.

You cannot assume either way. Check your lease.

Leaks

Leaks are notoriously difficult because the damage often appears in one place while the source is somewhere else entirely.

• Leak from a pipe inside your flat → usually your responsibility
• Leak from the roof → usually the building's responsibility
• Leak from shared pipework (e.g., in a communal riser) → usually the building's responsibility
• Leak from the flat above coming through your ceiling → the flat above may be responsible, but the shared structure may also be involved

The most important thing is identifying the exact source, not just where the damage has appeared. Getting a plumber or surveyor to trace the origin before anyone agrees to pay for anything is usually the right first step.

Balconies

Balconies often fall somewhere in between:

• The structural element (the slab, the supporting structure) → usually the building's responsibility
• The surface, waterproofing, and upkeep → often the leaseholder's responsibility

Again, your lease is the definitive answer.

Shared pipes that run through your flat

Some buildings have shared pipework that physically runs through individual flats. These are usually the building's responsibility to repair - even though they're inside your flat - but access to do so can create complications and disputes about damage caused during access. Your lease should deal with this, but if it doesn't, it's worth getting legal advice early.

Fire doors

Fire doors within communal areas (stairwells, corridors) are almost always the building's responsibility under fire safety legislation. Fire doors within individual flats that form part of the building's overall fire strategy are more complex - some leases place this on the leaseholder, while regulations may require the building to maintain them. Following the Building Safety Act 2022, this area is increasingly scrutinised and it's worth checking your specific position.

Why your lease is the definitive answer

There's no universal set of rules that applies to every leasehold building in England and Wales. What applies in one block might be completely different in the flat next door.

Your lease is the legal document that governs all of this. It sets out:

• The extent of your 'demised premises' (what you own and are responsible for)
• The landlord's (or management company's) repair obligations
• How the costs of shared repairs are apportioned between leaseholders
• Any specific provisions around particular items (like windows or balconies)

If you're unsure, look for sections under these headings in your lease:

• 'Repair obligations'
• 'Demised premises'
• 'Landlord covenants'
• 'Service charge provisions'

Leases are not light reading. They're long, dense, and written in legal language. But even a quick scan of the relevant sections can save a significant amount of time and money when something goes wrong.

What to do when something needs repairing

Whether it's a communal issue or something inside your flat, here's a simple process to follow:

Step 1: Identify where the issue is coming from

Is it inside your flat, or does it involve the structure or shared areas? Don't assume — trace the source, especially for leaks.

Step 2: Check your lease if you can

Even a quick scan can confirm responsibility before you spend money or have a difficult conversation.

Step 3: Report it properly

If it's a building issue, report it in writing to your managing agent or management company. Email creates a record. WhatsApp messages get lost.

Step 4: Keep a clear record

From the moment something goes wrong: photos with timestamps, written reports, responses received (or not received). If anything escalates, this documentation is invaluable.

Step 5: Follow up if there's no response

Managing agents are obliged to respond to repair reports. If they don't, a written follow-up setting a reasonable deadline (typically 14 days for non-urgent repairs, immediately for urgent or safety-related issues) is appropriate. For urgent or safety-related matters, also consider whether emergency services or your local authority need to be involved.

Step 6: Ask questions if costs seem unclear

You have the legal right to request a summary of service charge costs and to inspect receipts and invoices. If a repair appears on your service charge demand and you don't understand what it relates to, ask. You're entitled to clarity.

Common disputes and how they tend to get resolved

Understanding how disagreements typically play out can help you decide what to do if things get difficult.

Disputes about responsibility

If you and your freeholder or management company disagree about who's responsible for a repair, the starting point is always the lease. If the lease is ambiguous, the First-tier Tribunal (Property Chamber) can determine liability. This is the legal body in England that deals with service charge disputes - it's not a court, it's a tribunal, and it's designed to be more accessible than litigation.

Disputes about reasonableness

Even if the freeholder is responsible for a repair and has carried it out, you can challenge whether the cost passed on through the service charge is reasonable. The Landlord and Tenant Act 1985 requires service charges to be reasonable and services to be of a reasonable standard.

Delays in carrying out repairs

If your freeholder or management company is not carrying out repairs they're obligated to do, you may have grounds to apply to the tribunal for an order requiring them to act. Persistent failure to repair can also support a Right to Manage application, allowing residents to take over management of the building themselves.

A note for self-managing buildings

If your building is self-managed - run by a residents' management company (RMC) or through Right to Manage - the same framework applies. Your obligations to maintain the shared fabric of the building don't change just because there's no external managing agent. In fact, as directors of the RMC, you have formal legal responsibilities to ensure the building is properly maintained.

The difference is that you have much more control over how and when repairs are carried out, who you use, and how much you spend. That's one of the core benefits of self-management. But it also means you need the systems in place to track maintenance, manage costs, and stay compliant.

Where Proppa comes in

Proppa is being built specifically for small self-managing blocks - to make the practical side of running a building feel manageable rather than overwhelming.

• Clear visibility of budgets and exactly where service charge money is being spent
• Simple maintenance and repair tracking - log issues, assign actions, see what's outstanding
• Compliance reminders so fire safety checks, insurance renewals, and legal requirements don't get missed
• A shared document library for leases, insurance certificates, inspection reports, and more

No more digging through emails to find out what was agreed. No more uncertainty about what the service charge is actually covering. Just structure and clarity in one place.

If you're self-managing (or thinking about it), book a demo and see Proppa with your block in mind. First month free for founding blocks at launch.

Frequently asked questions

Who is responsible for a leak coming from the flat above?

Usually, the occupier of the flat where the leak originates is responsible for repairing the source. However, if the leak is caused by shared pipework or the structure of the building, it becomes the building's responsibility. Identifying the exact source - ideally with a professional - is the critical first step.

Can I be charged for repairs I don't agree with?

Yes, under most leases the freeholder or management company can carry out necessary repairs and recover the costs through the service charge. However, the costs must be reasonable and, for works above a certain threshold, a Section 20 consultation process can be followed before works begin. You have the right to challenge unreasonable charges at the First-tier Tribunal.

What if my managing agent refuses to carry out a repair?

Put your request in writing and give a reasonable deadline. If the repair is safety-related, flag this clearly. If they continue to refuse and the repair is covered by their obligations under the lease, you can apply to the First-tier Tribunal (Property Chamber) for a determination. Persistent failure to maintain the building can also support grounds for a Right to Manage application.

My lease says the landlord is responsible but nothing is getting done. What can I do?

You have several options: formal written notice setting a deadline; application to the First-tier Tribunal for determination and/or a management order; or pursuing Right to Manage to take over management of the building yourselves. In serious cases involving health and safety, your local authority's housing team may also have powers to require repairs.

Is the freeholder responsible for insuring the building?

In most cases, yes - the freeholder or management company is responsible for arranging buildings insurance, and the premium is recovered through the service charge. As a leaseholder, you're entitled to information about the policy. You should not take out your own buildings insurance for the structure, though you may want to arrange contents insurance separately.