Leaseholder Deeds of Certificate

Leaseholder Deeds of Certificate were introduced on 20^th July 2022 by the Building Safety (Leasehold Protections) (Information etc) Regulations 2022 and act as evidence that a flat is a qualifying property for the purposes of the Building Safety Act 2022 (‘the Act’). Leases that qualify under the Act are afforded additional protections against issues such as cladding related inherent defects, costs of remediating fire risks and limited protection from the costs of remediating safety defects.

To be a qualifying lease, the flat must be in a building that is over 5 storeys high or taller than 11 metres and, on 14th February 2022:

• the flat was your main residence; and
• you did not own more than three properties in the UK.

A Deed of Certificate can be served by a Tenant on a Landlord voluntarily at any time to assert the Tenant’s right to the protections afforded by the Act.

If a Tenant receives notice from their Landlord that they require a Deed of Certificate, the Tenant must complete the Deed by the date stated on the notice in order to benefit from the protections.

A Landlord must serve notice on a tenant when they are notified that the tenant is selling the property or that there is a ‘relevant defect’ in the property.

The Deed of Certificate will remain valid even if the property is later sold so copies of the Deed should be kept. If you are buying a flat which is a qualifying property, your solicitor should request a copy of the Leaseholder Deed of Certificate as well as the Landlord’s Deed of Certificate to ensure that you are afforded the extra protections under the Act.

Further information on Leaseholder Deeds of Certificates can be found here.

If you are unsure whether your flat qualifies for additional protection, you can check on the Government’s checker

If you are buying or selling a residential property and need further advice and assistance, please contact our Residential Property Team or email info@franklins-sols.co.uk