Understanding Repair Responsibilities in a Residential Block

When living in a residential block, repair responsibilities can be complicated. The key to determining who is responsible lies in understanding the lease agreement. Accepting repairs that should be the leaseholder's responsibility as a service charge item is unfair to other lessees. It's important to know where the legal responsibility for repairs falls.

Emergency Repairs and Recharging Costs

In some emergency situations, the management or freehold company may need to call a contractor for repairs. However, this doesn’t mean that the cost won't be recharged to the lessee later if they are responsible for the repair. For example, a repair to an entry phone might be an issue with the handset (lessee responsibility), not the system or wiring (management responsibility).

General Maintenance and Freeholder's Responsibilities

General maintenance repairs are typically the responsibility of the freeholder. However, if the repairs fall under valid service charge expenditure, the freeholder can recover the costs from the lessees. The lease should specify what qualifies as service charge expenditure.

Pipework and Roof Repairs

• Shared pipework repairs are usually the responsibility of the freeholder or management company, with costs covered by the service charge.
• If a pipe serves just one lessee’s flat, the repair responsibility falls to the lessee.
• Roof repairs: The main roof is typically the responsibility of the freeholder or management company, but if a balcony or terrace is specifically allocated to a lessee, they may be responsible for repairs in that area.

Access Rights for Emergency Repairs

A well-structured lease will give the freeholder or management company the right to force entry into a flat in emergency situations. If entry is forced, the costs of this emergency repair can be recharged to the flat owner.

Toilet Overflow and Drainage Repairs

The responsibility for repairs to a blocked or leaking toilet overflow pipe depends on the origin of the leak. In general:

• Communal pipes and drainage are the responsibility of the freeholder or management company, with costs covered by the service charge.
• In-unit pipes or fixtures (like a toilet or WC) fall under the responsibility of the property owner.

For further details, visit www.leaseholdersupport.co.uk.