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Last updated: 30 March 2026
FAQ

The questions your building actually asks

Real questions from real directors and leaseholders. Answered with clause references from actual leases. These are the questions that cost £350 each at a solicitor. LEASE-iQ answers them in under 60 seconds.

Every question below would cost £350+VAT as a solicitor letter. LEASE-iQ answers them in 60 seconds. First 2 questions free.

Repairs & Maintenance

A leaseholder says the roof is leaking into their flat. Who pays?
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The roof is almost always part of the "Retained Parts". That means the freeholder maintains it. Cost is recovered through the service charge. LEASE-iQ tells you exactly which clause defines "Retained Parts" in your specific lease.

Check your lease now. Free for the first 2 questions →

Typical: Clause 2.1 (Retained Parts) · Schedule 7 (Services) · S.20 Landlord & Tenant Act 1985Section 20 of the LTA 1985 requires consultation if the estimated cost of works exceeds £250 per leaseholder. Failure to consult means you can only recover up to £250 per unit, even if the actual cost was higher. Legislation.gov.uk
A window is leaking but the leaseholder didn't report it for months. Who's liable?
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If the source is external, the freeholder is responsible. But most leases require leaseholders to report defects promptly. Delay-caused internal damage may fall on the leaseholder.

Typical: Leaseholder repair obligations · Notification clause · Landlord structural obligations
We need to replace the communal boiler. Do I need to consult leaseholders first?
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If cost exceeds £250 per leaseholder, you must follow S.20 consultationThe S.20 consultation process requires landlords to serve prescribed notice on leaseholders, provide information about proposed works, give 30 days for comments, and provide a summary before proceeding. Failure to follow the process limits recovery to £250 per unit. Full guidance. Skip it and you can only recover £250 per leaseholder.

S.20 Landlord & Tenant Act 1985Section 20 of the LTA 1985 requires consultation if the estimated cost of works exceeds £250 per leaseholder. Failure to consult means you can only recover up to £250 per unit. Legislation.gov.uk
A leaseholder wants to install a new kitchen. Do they need our consent?
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Almost always yes for anything beyond cosmetic decoration. Kitchen refit is typically non-structural. Consent required but "cannot be unreasonably withheld."

Typical: Clause 3.14 (Alterations)

Service Charges & Money

A leaseholder is refusing to pay their service charge. What can we do?
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Interest charges after 14 days, right to apply for forfeiture. But requires court determination and s.146 notice.

Typical: Schedule 4 · Clause 8.1 (Forfeiture) · S.146 LPA 1925Section 146 of the Law of Property Act 1925 requires landlords to serve a notice on the leaseholder before forfeiture, specifying the breach and giving a reasonable opportunity to remedy. Failure to follow this strict procedure can invalidate forfeiture action. Legislation.gov.uk
Can we build up a reserve fund for future major works?
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Only if your lease allows it. Many leases include sinking/reserve fund provisions. If yours doesn't, you can't demand contributions.

Typical: Service charge schedule · S.18-19 LTA 1985Sections 18-19 of the LTA 1985 govern service charges and reserve funds. Landlords must provide a detailed statement to leaseholders and allow them to request detailed costs. Reserve fund contributions must be permitted by the lease or legislation. Legislation.gov.uk
The ground rent is about to double. Is that actually in the lease?
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Escalating ground rent is common in older leases. LEASE-iQ reads your ground rent schedule and tells you exactly when the next review is.

Typical: Schedule 5 (Ground Rent) · Leasehold Reform (Ground Rent) Act 2022From 30 June 2022, new residential leases can only have ground rent of £0 or inflation-linked (not fixed escalating). Existing leases may allow ground rent variations. Check your lease schedule. Legislation.gov.uk

Leaseholder Behaviour

A leaseholder is subletting on Airbnb. Can we stop them?
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Depends on your lease. Some prohibit subletting, some prohibit short-term letting, some say nothing. LEASE-iQ flags exactly which clause applies.

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Typical: Clause 4.3 (Subletting) · "Residential use only" clause
Can a leaseholder keep a dog?
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Many leases include "no pets" clause or require consent. Check your specific lease wording.

Typical: Schedule of covenants · Nuisance provisions

Compliance & Legal

We're self-managed. What are we personally liable for?
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Companies Act, health and safety, fire safety, Building Safety Act. Directors carry personal liability for all of these. BLOCK-iQ tracks all 21 statutory obligations so nothing falls through the cracks.

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Companies Act 2006Directors can face personal liability for breaches of director duties, including breach of care, skill and diligence (s.174) and duty to promote the company's success (s.172). Penalties include unlimited fines and disqualification. Legislation.gov.uk · Fire Safety Act 2021Building owners and managers must maintain a fire safety risk assessment, test emergency systems, and keep records. The Fire Safety Act 2021 clarifies that the Fire Safety Order applies to the structure and external walls of multi-occupied residential buildings. Penalties on conviction at Crown Court include unlimited fines and up to 2 years imprisonment. Legislation.gov.uk · BSA 2022The Building Safety Act 2022 introduces the Building Safety Regulator role and new duties for building owners of higher-risk residential buildings (7+ storeys, 7+ units). Breach can result in unlimited fines and criminal liability. Legislation.gov.uk
A leaseholder is threatening tribunal. Should we be worried?
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First-tier Tribunal (FTT) handles service charges, lease variations, etc. Less formal than court but binding. Costs rarely awarded.

S.27A LTA 1985Section 27A of the LTA 1985 allows leaseholders to apply to the FTT if they believe service charges are unreasonable. The tribunal can determine what is reasonable and award interest. Landlords rarely recover costs unless the claim is frivolous. Legislation.gov.uk

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Your Flat & Your Rights

Can I sublet my flat?
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Depends on your lease subletting/assignment clause. Most allow with consent. A solicitor letter to check this would cost £350. LEASE-iQ finds the exact clause in 60 seconds.

Check your lease now. First 2 questions free →

Typical: Clause 4.3
Do I need permission for kitchen/bathroom renovation?
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Almost always yes beyond cosmetic work. Freeholders require consent to ensure major works don't damage communal areas or structural integrity.

Typical: Clause 3.14
There's a leak from the flat above. Who's responsible?
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Depends on leak origin. If it's from the neighbor's pipes or negligence, they're responsible. If it's from communal plumbing or the structure above, the freeholder is responsible.

Typical: Clause 4.2 · Clause 7.1
Can I have a pet?
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Check your lease for pet restriction or nuisance clause. Many leases prohibit pets entirely or require consent.

Typical: Schedule of covenants

Money & Charges

My service charge seems really high. Can I challenge it?
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Service charges must be "reasonable" under the Landlord & Tenant Act 1985. You have the right to request a summary, inspect receipts, and apply to the First-tier Tribunal (FTT) if you believe it's unreasonable. LEASE-iQ reads your lease and tells you exactly what your service charge should cover.

Check what your service charge should cover →

S.18-19 LTA 1985Sections 18-19 require landlords to serve leaseholders with a detailed statement of service charges. You can request further details and costs. Unreasonable charges can be challenged at the FTT. Legislation.gov.uk
My ground rent just doubled. Is that legal?
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Probably, if your lease was granted before 30 June 2022. The Leasehold Reform (Ground Rent) Act 2022 only applies to new leases from that date onwards. Check your lease schedule to confirm the ground rent review terms.

Leasehold Reform (Ground Rent) Act 2022From 30 June 2022, new residential leases cannot have ground rent exceeding £0 or inflation-linked amounts. Leases granted before this date may have fixed escalating ground rent. Check your lease terms. Legislation.gov.uk
What happens if I don't pay my service charge?
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Interest charges after 14 days, ultimately forfeiture (loss of flat). The freeholder must follow strict legal procedures including s.146 notice.

Typical: Schedule 4 · Clause 8.1 · S.146 LPA 1925Section 146 requires a formal notice before forfeiture proceedings. You must be given a reasonable opportunity to pay the arrears. Forfeiture is a last resort and requires court proceedings. Legislation.gov.uk

Selling & Extending

My lease is under 80 years. Should I be worried?
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Yes. Under current law, below 80 years, extension costs more due to "marriage value." Below 70 years, most lenders won't lend. The Leasehold and Freehold Reform Act 2024 abolishes marriage value, but this provision is not yet in force. Implementation is expected late 2026 at the earliest. Take professional advice on whether to extend now or wait.

Check your lease term and extension options →

LRHUDA 1993 / LFRA 2024The Leasehold Reform, Housing and Urban Development Act 1993 gives leaseholders the statutory right to extend their lease by 90 years. Below 80 years, "marriage value" (50% of flat value uplift) currently applies. The Leasehold and Freehold Reform Act 2024 abolishes marriage value but key provisions await secondary legislation. Legislation.gov.uk
What does my lease say about selling?
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Most require notice to freeholder (assignment), notice fee, and deed of covenant from buyer. Some include "rights of first refusal" for the freeholder or neighboring leaseholders.

Typical: Clause 4.1 (Assignment) · Schedule 1 (Covenants)
What's the difference between Share of Freehold and RTM?
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Share of Freehold (SoF): You own the freehold directly through collective enfranchisement, have full control, can set charges and make all decisions. Requires at least 50% of qualifying tenants to participate. Higher legal costs than RTM. Right to Manage (RTM): You manage the building only, freeholder retains ownership and certain rights. Also requires 50% participation but lower costs. RTM is quicker to establish.

SoF: LRHUDA 1993The Leasehold Reform, Housing and Urban Development Act 1993 gives qualifying tenants the right to collectively purchase the freehold. At least 50% of qualifying tenants must participate (not 100%). Legislation.gov.uk · RTM: Commonhold and Leasehold Reform Act 2002The CLRA 2002 gives leaseholders statutory right to manage their building (RTM). Requires 50% of qualifying tenants to be members of the RTM company. Freeholder cannot refuse. RTM company takes over management of common parts while freeholder retains ground rent rights. Legislation.gov.uk

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