What to check if you're charged for historic safety defects (England)
The landlord certificate
The landlord certificate is a legal document your landlord must send you before they can charge you for historic safety defects or relevant safety measures. There are strict rules about when it must be sent and what it must contain. If the landlord does not follow these rules, you may not have to pay.
Your rights
If the landlord wants to charge you for historic defects and relevant safety measures they must send you a landlord certificate. You have this right and:
- you do not need to be a qualifying leaseholder
- the landlord cannot charge a fee for sending it
- the landlord cannot impose any conditions on providing it – for example, telling you to send your leaseholder certificate first
What the certificate tells you
The landlord certificate tells you things like:
- if the developer or landlord is responsible for costs instead of you
- the statutory cap on how much you can be charged (qualifying leaseholders only)
- the historic safety defects or relevant safety measures for your building since 2017 (known to date)
- your share (if any) of the costs for the above
- the dates that any defects are to be fixed by (often estimated)
The landlord certificate and leaseholder deed of certificate
These are two different documents.
| Landlord certificate | Leaseholder deed of certificate |
|---|---|
| Completed and sent by the landlord | Completed and sent by you |
| Confirms who is liable for remediation and if the landlord can pass on any costs to you | Confirms if you qualify for leaseholder protection and therefore the cap on how much you can pay in total |
| Until it is sent, the landlord or developer is presumed to be responsible for paying for historic safety defects | Until it is sent, you are presumed to be a qualifying leaseholder and not liable for any historic safety defects |
When you should be sent a certificate
You must be sent a landlord certificate if your landlord wants to charge you for fixing historic safety defects or for any relevant safety measures.
The landlord certificate 4-week rule
You must be sent a certificate within a 4-week deadline (28 days) if:
- a new historic safety defect is identified or relevant safety measures needed
- you ask for the certificate (regardless of your qualifying status)
- the landlord receives the leaseholder deed of certificate with new information
- you tell them you’re selling your flat
If the landlord does not follow these rules
If you do not get a certificate by the 4-week deadline, you cannot be charged for any historic safety defects or relevant safety measures (like a waking watch) known up to that point.
Get specialist legal advice if a landlord has missed the deadline and you are being asked to pay or are considering refusing to pay. This is a complex and evolving area of law.
How to check the certificate is complete
There are strict rules landlords must follow when producing the certificate.
They must:
- use the official landlord certificate template from GOV.UK (a cover letter is not a suitable replacement)
- include details of any known defects and relevant safety measures
- include the required supporting evidence – for example, that proves they do not meet the developer or wealth tests
- make sure the certificate and supporting financial evidence are signed by the appropriate people
If applicable, they must also include:
- the maximum total amount (the cap) qualifying leaseholders have to pay
- how much you have already paid to date
GOV.UK has more detailed information on the landlord certificate, including:
- the required supporting evidence
- who can sign the certificate
- which version of the certificate can be used
Get specialist legal advice if the landlord certificate is incomplete and you are being asked to pay or are considering refusing to pay. This is a complex and evolving area of law.
- Last updated:
- 29 April 2026
- Next review:
- 29 April 2028
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