Shared ownership and disrepair: who is responsible for repairs?

Shared ownership is a hybrid arrangement: you buy a share of a property and pay rent on the remaining share to a housing association. Responsibility for repairs depends on whether you are treated as a tenant or an owner, and the answer changes depending on the share you own. This article explains who is responsible for repairs in shared ownership, and what to do if things go wrong.

How does shared ownership work?

In a shared ownership arrangement:

• You buy a percentage of the property (typically between 25% and 75%) from a housing association
• You pay a subsidised rent on the remaining share owned by the housing association
• You hold the property under a long lease (usually 99 or 125 years)
• You may be able to buy additional shares over time (known as staircasing) up to 100%

Because you hold a long lease, your relationship with the housing association is closer to that of a leaseholder than a tenant. This matters for repair obligations.

Who is responsible for repairs in shared ownership?

The answer depends on the share you own and the terms of your lease.

In most shared ownership leases, the occupier (you) is responsible for internal repairs and maintenance, just as a private homeowner would be. The housing association retains responsibility for:

• The structure and exterior of the building
• Common parts and shared areas (in blocks of flats)
• Major structural defects

This is different from a standard rented tenancy where the landlord (section 11, Landlord and Tenant Act 1985) takes responsibility for structure and installations. Section 11 applies to leases of less than seven years, most shared ownership leases are for 99 or 125 years, so section 11 does not apply in the same way.

Your lease document is the key: read it carefully to understand what repairs you are responsible for and what the housing association must maintain.

Structural defects: housing association responsibility

Even under a long lease, housing associations remain responsible for structural defects in the building. Examples:

• Roof failure allowing water ingress
• Failure of the damp proof course
• Structural movement or subsidence
• Defects in external walls causing penetrating damp
• Failure of shared systems (communal heating, lift, shared drainage)

If a structural defect is causing problems in your home, report it to the housing association in writing. Keep copies. The housing association must carry out necessary structural repairs.

The Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act 2018 applies to all tenancies, including long leases for shared ownership. This means your shared ownership property must be fit for human habitation at the start of the tenancy and throughout. The housing association cannot let a property that is unfit, and must keep it fit.

Fitness is assessed by reference to the Housing Health and Safety Rating System (HHSRS) hazards. Serious damp and mould, cold, structural collapse risk, and other hazards can make a property unfit even if the defect is formally within the housing association's repairing obligations under the lease.

What if the housing association fails to carry out structural repairs?

If the housing association is responsible for a repair under your lease and fails to carry it out:

1. Report in writing with full details and photographs
2. Follow up if there is no response
3. Make a formal complaint to the housing association, follow their complaints procedure
4. If unresolved, escalate to the Housing Ombudsman
5. If structural failure is causing serious harm, seek legal advice about a claim under the Homes Act or for breach of the lease repairing covenant

Can I claim compensation as a shared owner?

Yes, in some circumstances. If the housing association has breached its repairing obligations under your lease, or the property is unfit for human habitation under the Homes Act, you may have a claim for:

• Damages for the period the property was unfit or in breach
• Cost of remedying damage caused by the defect
• Health impact compensation where relevant

However, shared ownership disrepair claims are more complex than standard tenancy disrepair claims because of the long-lease structure. Seek specialist housing legal advice.

New-build defects

Many shared ownership properties are new builds. New-build homes may develop defects within the first two years (the developer's liability period). If your shared ownership property was newly built, register any defects with the developer within the liability period. The NHBC Buildmark warranty (or equivalent) may also cover structural defects for 10 years.

When should I contact Support for Tenants?

We handle housing disrepair claims. We focus on standard rented tenancies, but if you are in shared ownership and have structural disrepair that the housing association has failed to address, call us and we can advise on the right route forward.

Call us on 0800 030 4669. 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.

Sources

• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Housing Health and Safety Rating System (HHSRS) guidance (GOV.UK)