Leaseholder protections checklist

What are historic defects and safety measures

Historic safety defects are problems linked to how a building was designed, built or converted between 1992 and 2022. Examples can include unsafe cladding, fire and cavity barriers inside the wall or gaps between flats or shared areas that should stop fire spreading (compartmentation).

Relevant safety measures are the actions needed to investigate, manage or reduce the risks associated with a defect. Examples can include a waking watch (a 24-hour fire patrol used to spot fires early and help people evacuate) or professional work and fees (such as surveys or expert advice).

Find out more: what counts as a historic defect or safety measure

The law protects many leaseholders in buildings at least 11 metres high or at least 5 storeys from having to pay. Qualifying leaseholders have more protections.

A qualifying leaseholder is generally someone whose flat was their main home on 14 February 2022, or who owned no more than 3 UK properties in total on that date. If you bought the property after that date, you “inherit” the qualifying status of the lease.

Check your status

Check if you're a qualifying leaseholder

Leaseholder deed of certificate

Sometimes, you need to prove you qualify for a protection by giving your landlord a document called a leaseholder deed of certificate.

Check the developer remediation contract

You do not have to pay for any historic safety defects if the developer of your building signed the government’s remediation contract.

However, the contract does not cover relevant measures (like a waking watch or temporary fire alarm). This means you might have to pay for these. If you're a qualifying leaseholder, send your leaseholder deed of certificate so the protections can be applied to costs not covered by the remediation contract.

Check if your developer signed the remediation contract

Check the landlord certificate

The landlord certificate is a legal document your landlord must give you to prove the law allows them to charge you.

You should not have to pay for any historic safety defects or relevant safety measures if:

• you have not been sent one
• it is incomplete or incorrect
• it is not sent on time – for example, within 4 weeks of a defect becoming known, or within 4 weeks of you requesting one

The landlord certificate, and how to check if it’s valid and sent on time

Check the developer rule

You do not have to pay for any historic safety defects or related measures if the landlord certificate confirms the landlord (or superior landlord) was the developer of the building (or associated with them) on 14 February 2022.

How to get these protections

These protections are automatic.

• Your qualifying leaseholder status does not matter.
• You do not have to send a leaseholder certificate to the landlord to get these protections.

Check the value of your property

You do not have to pay for any historic safety defects or relevant safety measures if your property was worth less than £175,000 (or less than £325,000 in Greater London) on 14 February 2022.

How to check the value of the property on 14 February 2022 (GOV.UK)

Check the landlord wealth rule

Unless your landlord is a local council or housing association, you do not have to pay for any historic safety defects or relevant safety measures if the landlord certificate confirms the landlord’s group net worth was over £2 million per relevant building on 14 February 2022.

How to get these protections

• You must be a qualifying leaseholder.
• You must send the landlord your leaseholder certificate to get these protections.