1. What a freeholder is

A freeholder owns the land and the building on it outright, with no time limit. A leaseholder owns the right to live in a flat for a fixed number of years under a lease.

In a block of flats, the freeholder is the landlord under every lease in the building. That might be an individual, an investment company, a housing association, or the leaseholders themselves. When the flat owners hold it together, that is a share of freehold, and the leaseholders take on the freeholder's duties as a group.

This guide covers leasehold flats in England. The lease is always the starting point, because it sets out who repairs, who insures and what each side may and may not do.

2. What the freeholder is responsible for repairing

According to the Leasehold Advisory Service, the freeholder is usually responsible for:

• the roof
• the external walls
• communal areas such as shared entrances, staircases and gardens
• shared facilities such as lifts or communal boilers
• pipes and wiring that serve the whole building.

2.1 What the leaseholder repairs

The leaseholder usually looks after the inside of the flat. That covers internal walls, ceilings and floors, plumbing and wiring inside the flat, pipes and wiring that serve only that flat, fitted kitchens and bathrooms, and often the windows and internal doors.

Leases vary, so check yours. Some make the leaseholder responsible for windows. Others need the freeholder's permission before you replace them.

2.2 Why the lease decides

The repairing duty in section 11 of the Landlord and Tenant Act 1985 only applies to leases of less than seven years. A long lease of a flat is almost always longer, so the wording of your lease decides who repairs what.

3. Who pays for repairs and insurance

Arranging a repair and paying for it are different things. The freeholder normally organises the work, then charges all the leaseholders for it through the service charge. Some blocks also keep a reserve fund for larger jobs.

3.1 Major works

If a repair will cost any one leaseholder more than 250 pounds, the freeholder must consult the leaseholders first. Our guide to section 20 notices explains how that works, and service charge accounts covers what you can ask to see.

3.2 Buildings insurance

In a block of flats, the freeholder usually arranges the buildings insurance and recovers the premium through the service charge. The Leasehold Advisory Service notes that this policy usually covers only the structure and common parts. Leaseholders need their own cover for fixtures, fittings and belongings inside the flat.

4. Fire and building safety duties

The freeholder, or whoever manages the building for them, is usually the responsible person for fire safety in the common parts of a block.

4.1 Structure, external walls and flat entrance doors

Since 16 May 2022, the Fire Safety Act 2021 has made clear that fire risk assessments in blocks of flats must cover the structure, external walls and flat entrance doors, not just the hallways and stairs. The GOV.UK factsheet sets out the change.

4.2 Higher-risk buildings and the accountable person

A building with at least 7 storeys, or at least 18 metres high, with at least 2 homes, is a high-rise residential building under the Building Safety Act 2022.

Each one has an accountable person. GOV.UK guidance defines that as an organisation or individual who owns or has a legal obligation to repair any common parts, which is usually the freeholder. The principal accountable person registers the building with the Building Safety Regulator and must make sure the risks from fire and structural failure are assessed and managed.

5. What a freeholder can and cannot do

The freeholder can enforce the lease. That includes collecting ground rent and service charges, and requiring permission before you make certain alterations.

5.1 Renting out your flat

Most long leases let you rent your flat out, but many restrict how. A common clause says the flat may only be used as a private residence. In Nemcova v Fairfield Rents in 2016, the Upper Tribunal held that very short lets of days and weeks breached a covenant of that kind, even though the owner still lived in the flat part of the week.

If you are thinking about Airbnb, read the user clauses in your lease first and ask the freeholder if anything is unclear. Planning rules can also apply, which our guide to short-let planning permission covers.

5.2 Forfeiture

Forfeiture means the freeholder ending the lease because of a breach. The law limits it. A freeholder cannot start forfeiture for a breach of the lease unless the breach has been admitted or decided by a tribunal or court, under section 168 of the Commonhold and Leasehold Reform Act 2002.

For unpaid rent, service charges or administration charges, forfeiture is not available unless the amount is more than 350 pounds or has been owed for more than three years.

6. When the freeholder does not repair or cannot be found

Put it in writing

Report the problem to the freeholder or their managing agent in writing, with photos and dates. Keep copies. If nothing happens, you have several options.

Ask the tribunal to appoint a manager

Under section 24 of the Landlord and Tenant Act 1987, the tribunal can appoint a manager for the building where the landlord is in breach of its management obligations and it is just and convenient to do so.

Take over the management

Qualifying leaseholders can also claim the right to manage, which lets them run the building through their own company without having to prove the freeholder has done anything wrong.

If the freeholder is missing

Some freeholders are companies that have been dissolved or individuals who cannot be traced. If you want to extend your lease, section 50 of the Leasehold Reform, Housing and Urban Development Act 1993 lets you ask the county court for a vesting order. Section 26 of the same Act does the same for leaseholders who want to buy the freehold together. You will need to show you have tried to trace the freeholder.

7. Freeholder responsibilities when you let your flat

Letting your flat does not move the freeholder's duties onto you, or yours onto your tenants or guests. The freeholder still repairs the roof and common parts. You still pay the service charge, keep the inside of the flat in repair and follow the lease.

That matters for the numbers. The service charge and ground rent come off your rental income every year, so check them before deciding how to let.

If your lease allows short lets, Houst offers Airbnb management across the UK, and the income calculator gives you an estimate for your flat before you commit to anything.

What is changing

The Leasehold and Freehold Reform Act 2024 will change how service charges are reported to leaseholders, among other things. According to the Leasehold Advisory Service, regulations are expected later in 2026. Until they take effect, the rules above still apply.

This guide is general information, not legal or tax advice. Speak to a qualified adviser about your situation.