Communal areas: who is responsible for repairs?

Direct answer

Communal areas are shared spaces in a block or estate that all residents use, such as stairwells, lifts, corridors, entrance lobbies, bin stores, and car parks. Your landlord is legally responsible for keeping them in a reasonable state of repair. If broken or unsafe communal areas are affecting your home or your safety, you have the right to report it and to escalate if nothing is done. Call us free on 0800 030 4669 if you need help.

What counts as a communal area?

Communal areas include:

• Stairwells, landings, and internal corridors
• Lifts
• Entrance lobbies and shared entrance doors
• Communal gardens and external paths
• Bin stores and recycling areas
• Car parks and access roads on the landlord's land
• Roof spaces, plant rooms, and boiler rooms (where they serve multiple flats)
• Shared lighting systems

Even if you never use a particular shared space, the landlord is still responsible for its condition.

Your landlord's legal duties

Section 11 of the Landlord and Tenant Act 1985 requires landlords to keep the structure and exterior of a property in repair. This includes the structure of a block of flats, the common parts of the building, and shared installations such as drains and gutters. This duty applies automatically to most tenancies of under seven years.

The Defective Premises Act 1972 goes further. It places a duty of care on landlords for anyone who is harmed because of a defect they knew about, or should have known about. If you are injured on a broken communal staircase and the landlord had been told about it, this Act may be relevant.

The Housing Health and Safety Rating System (HHSRS) applies to common parts of residential buildings, not just individual homes. Your council can inspect shared areas and serve notices on a landlord for hazards such as:

• Poor lighting on staircases
• Broken or missing handrails
• Flooring in a dangerous state
• Broken communal entrance doors affecting security

Leasehold blocks and service charges

If you are a leaseholder rather than a renting tenant, your situation is slightly different. The Landlord and Tenant Act 1987 sets out obligations on landlords of residential blocks with leaseholders. Communal repairs are normally funded through service charges.

You have the right to be consulted on major works over a certain cost (see our article on Section 20 consultation for more on this), and you can challenge unreasonable service charges at the First-tier Tribunal (Property Chamber).

Broken lifts: a specific duty

A broken lift in a block is not a minor inconvenience. For residents on upper floors, or for people with mobility problems, a broken lift can make the home effectively inaccessible.

Landlords must repair lifts within a reasonable time. What counts as reasonable depends on the circumstances, but leaving a lift broken for weeks without a clear repair plan is unlikely to be considered reasonable. If you or anyone in your home relies on the lift due to a disability or medical condition, make this clear in writing when you report the fault.

What to do

1. Report the defect in writing, naming the specific communal area, describing the problem clearly, and including photos with dates.
2. Put a timescale in your request. Something like: "Please confirm what repair you plan to make and when."
3. Chase in writing if there is no response within a reasonable period, usually 14 days for non-urgent issues, sooner for safety hazards.
4. Contact your council's environmental health team if the landlord does not act. They can inspect under the HHSRS and, if they find a hazard, they have powers to require the landlord to act.
5. Contact a housing charity or law centre for advice if you are a leaseholder and the management company is unresponsive. The First-tier Tribunal (Property Chamber) can also deal with service charge disputes and management failures.

Where we fit in

Support for Tenants helps with housing disrepair claims. If a defect in a communal area is linked to the condition of your home, for example damp coming in through a shared wall, or if you have been harmed by a communal area defect your landlord ignored, you may have a claim. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing. Call us free on 0800 030 4669, send the short form, or message us on WhatsApp. See also broken lift in my block and where to get other housing help.

Sources

• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Defective Premises Act 1972 (legislation.gov.uk)
• Landlord and Tenant Act 1987 (legislation.gov.uk)
• Housing Health and Safety Rating System Regulations 2005 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)