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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 looks after. That includes communal pipe leaks, external walls, rotten window frames, subsidence, and 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 or 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?

  1. Do you own the lease on a flat (not a house)? If yes, continue.
  2. Is the source of the disrepair clearly in a communal area or the external structure? If yes, continue.
  3. Have you reported the issue to the freeholder or managing agent at least once, in writing?
  4. Is your freeholder either a social-housing provider or a large private freeholder? Smaller private freeholders are harder to place with a solicitor panel.
  5. 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).

Why leaseholder claims need more evidence

A council or housing association tenant's repair right comes from statute. It applies automatically, whoever the landlord is. A leaseholder's repair right comes from the lease instead, a private contract. You also need to prove the freeholder knew about the problem and failed to act. That is a higher bar, so we need more paperwork before we can assess the case.

Evidence to gather

  • Your lease, or the clauses that say who is responsible for repairs to the structure and communal areas.
  • Every written report you sent to the freeholder or managing agent, with dates.
  • Any reply you got back, including ones that ignored the problem.
  • Photos or video of the damage, taken over time so the freeholder cannot say it just started.
  • A recent service charge statement, especially if the dispute involves charges for work that was not done properly.
  • An independent surveyor's report, if you have had one.
  • Records of any repair costs you have already paid yourself.

Where to go if we can't help

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. That includes 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. Internal-only issues, mould caused by ventilation choices, and leaks from another flat are usually not covered.
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, you may have a claim. This applies if they have failed to deal with service charge, communal repairs, or leasehold management. 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.

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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, not a promise; every case is different.

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