For leaseholders, not tenants
Leaseholder disrepair claims, what you can and can't claim for
Direct answer
Leaseholders can claim for disrepair when the cause is in a part of the building the freeholder is responsible for: communal pipe leaks, external walls, rotten window frames, subsidence, communal boilers. Internal-only issues, mould from ventilation, and leaks from a neighbour's flat are not covered by Section 11. Awaab's Law does not give leaseholders direct statutory rights.
Issues we can help leaseholders with
- Ground-floor flats with rising damp, where the damp source is the structure the freeholder maintains.
- Upper-floor flats with leaks from communal pipes, external walls, or the roof.
- Rotten window frames, where the lease says the freeholder is responsible for the frame (you typically own the glass).
- Subsidence and structural cracking visible from inside the flat, where the structure is the freeholder's.
- Communal boiler / district heating failures where heat and hot water come from a shared plant.
Issues we cannot help leaseholders with
- Mould from ventilation or condensation inside your flat. This is treated as the leaseholder's responsibility because you control the internal environment.
- Leaks from a neighbour's private flat. This is a dispute between you and that leaseholder, not a Section 11 claim. LEASE can advise.
- Internal radiator, boiler or extractor-fan issues where the appliance is yours rather than communal.
- EPA Section 82 statutory-nuisance claims against your freeholder. The statutory-nuisance route only applies to occupants where the freeholder is acting as a landlord, which is not the standard leasehold relationship.
Quick check, is your case a leasehold one?
- Do you own the lease on a flat (not a house)? If yes, continue.
- Is the source of the disrepair clearly in a communal area or the external structure? If yes, continue.
- Have you reported the issue to the freeholder or managing agent at least once, in writing?
- Is your freeholder either a social-housing provider or a large private freeholder? Smaller private freeholders are harder to place with a solicitor panel.
- Can you produce a copy of your lease and a recent service charge statement?
Five yeses and we will assess the case. Fewer than five, talk to LEASE first (their advice is free).
Where to go if we can't help
- LEASE (the Leasehold Advisory Service) gives free leasehold advice and runs the helpline.
- First-tier Tribunal (Property Chamber) handles many leasehold disputes including service charge and right to manage.
- If your social-housing freeholder has failed to deal with communal repairs or leasehold management, you may have a claim. Call us free on 0800 030 4669.
FAQs, leaseholder disrepair
Am I a leaseholder or a tenant?
If you bought your flat (often under Right to Buy, Right to Acquire, or on the open market) and pay ground rent or a service charge, you are a leaseholder. If you pay rent to a landlord under an assured shorthold tenancy or a secure council tenancy, you are a tenant. The two routes have different legal rights for disrepair.
What disrepair can a leaseholder claim for?
The disrepair has to come from a part of the building the freeholder is responsible for. Communal pipework leaks, external wall damp, rotten window frames where the frame (not the glass) is the freeholder's, subsidence affecting the structure, and communal boiler failures are all valid. Internal-only issues, mould caused by ventilation choices, and leaks from another flat are usually not.
Why isn't internal mould covered?
Mould caused by inadequate ventilation, drying clothes indoors, or sealed windows is treated as the leaseholder's responsibility because the leaseholder controls the internal environment. Mould caused by external water ingress, rising damp, or communal pipe leaks is the freeholder's responsibility, and that does qualify for a claim.
What about leaks from the flat above?
A leak from another private flat is a dispute between you and that leaseholder, not a Section 11 disrepair claim against the freeholder. The freeholder's obligation only kicks in if the leak comes from a communal pipe, the roof, or external structure. Talk to LEASE (the Leasehold Advisory Service) or a leasehold solicitor for help with a flat-to-flat leak.
Does Awaab's Law apply to me as a leaseholder?
Awaab's Law applies to social tenants of registered social landlords. It does not give leaseholders direct statutory rights, even if the freeholder is a social housing provider. You can still pursue a claim under Section 11 of the Landlord and Tenant Act 1985 if the freeholder retains repair responsibility.
Who handles my complaint if I am a leaseholder?
If your freeholder is a registered social landlord and has failed to deal with service charge, communal repairs, or leasehold management, you may have a claim. If your freeholder is a private company, the First-tier Tribunal (Property Chamber) handles many leasehold disputes. LEASE (Leasehold Advisory Service) gives free advice at lease-advice.org.
Think your leasehold disrepair fits?
Free 25-minute call. We will tell you honestly whether the case fits the leaseholder route, the Section 82 route, or whether LEASE is the right free first step.
By: Support for Tenants editorial team
Last updated:
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.
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