UKI own a flat and the freeholder won't maintain the building.
As a leaseholder, you have legal rights to compel the freeholder to maintain common parts of the building under your lease and the Landlord and Tenant Act 1985. If they fail, you may apply to the First-tier Tribunal (Property Chamber) for an order or seek cost recovery.
What the Law Says
The law places clear obligations on freeholders (landlords) to maintain and repair the structure and exterior of residential buildings where leaseholders occupy flats. These duties arise both from the terms of your lease and from statute.
Under section 11 of the Landlord and Tenant Act 1985, a landlord must keep in repair the structure and exterior of the dwelling, including drains, gutters, and external pipes. This applies to leases granted for more than seven years where the tenant pays a service charge.
The duty covers 'the structure and exterior of the dwelling-house', which includes walls, roofs, foundations, and shared staircases or lifts — even if these serve multiple flats. It also extends to 'any other part of the building in which the landlord has an estate or interest'.
Section 11(3A) clarifies that the landlord is not liable for repairs 'required as a result of the tenant's failure to use the premises in a tenant-like manner' — meaning damage caused by neglect or misuse by you or your guests.
If the freeholder fails to carry out required repairs after being given reasonable notice, you may be entitled to carry out the works yourself and recover the costs — but only after following strict legal steps, including serving formal notice and allowing time for compliance.
Statutory TextIn the case of a tenancy granted for a term of more than seven years, the landlord shall keep in repair the structure and exterior of the dwelling-house.
— Landlord and Tenant Act 1985, s. 11(1) — Repairing obligations in certain tenancies
Statutory TextThe landlord is not liable under subsection (1) for repairs required as a result of the tenant's failure to use the premises in a tenant-like manner.
— Landlord and Tenant Act 1985, s. 11(3A) — Exclusion of liability
What to Do
Check your lease to confirm the freeholder’s maintenance obligations and identify which parts are ‘common areas’.
Write a formal written notice to the freeholder specifying the disrepair, quoting section 11 of the Landlord and Tenant Act 1985, and allow a reasonable time (usually 14–21 days) to act.
If no action is taken, gather evidence (photos, dated letters, expert reports) and apply to the First-tier Tribunal (Property Chamber) using Form VT1.
You may also consider appointing a managing agent or applying for a ‘manager appointment order’ under section 24 of the Landlord and Tenant Act 1987 if management failures are systemic.
Do not withhold service charges unless ordered by a tribunal — doing so may give the freeholder grounds to forfeit your lease.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.