Leaseholder and Landlord Certificates - Why Timing, Clarity and Process Matter

The Leaseholder and Landlord Certificates introduced by the Building Safety Act 2022 are now a key part of how leaseholder protections are applied and how costs are managed. These certificates are not optional. They are legal documents that must be issued correctly and on time. 

Landlords and building owners who get this wrong risk losing the right to recover costs, even where leaseholders do not qualify for protections. In larger portfolios, that risk can run into millions of pounds. 

What the Certificates Do

The Leaseholder Deed of Certificate is issued by the leaseholder. It includes standard questions about how many properties they owned on 14 February 2022 and how much the flat was worth at that time. The answers determine whether they qualify for cost protections under the Act. 

The Landlord Certificate is issued by the landlord or an agent acting on their behalf. It explains what has already been spent on building safety defects and how that spend relates to the leaseholder’s cap. 

These two certificates work together. The leaseholder provides the information that confirms whether protections apply. The landlord confirms what has been spent. Both must be accurate, and both must be issued within strict legal timeframes. 

The Issue with Timing

One of the biggest challenges is the mismatch between how long each party has to respond. Leaseholders can take up to twelve weeks to return their certificate. Landlords have just twenty-eight days to issue theirs. 

If the landlord has not received the leaseholder’s certificate in time, they must issue theirs assuming no protections apply. That might need to be revised later. But if the certificate is issued late or incorrectly, the landlord may lose the right to recover any costs from that leaseholder. 

In portfolios with hundreds or thousands of flats, the number of overlapping deadlines makes this very difficult to manage without a clear and repeatable process. 

Triggers That Start the Clock

Landlords must issue certificates in response to several different triggers. These include: 

• A leaseholder preparing to sell their flat 

• A new defect being identified in the building 

• A request for payment being made in relation to building safety 

• A leaseholder requesting a copy of the Landlord Certificate 

Each of these starts a new legal deadline. It does not matter how large the portfolio is or how long it takes to gather the information. Once a trigger occurs, the countdown begins. 

The Role of Managing Agents

Landlord Certificates rely heavily on cost data. That includes invoices, spend breakdowns and records of historic works. In many cases, this information is held by managing agents who are not directly appointed by the landlord. 

That creates a dependency. The landlord is still legally responsible for the accuracy of the certificate, even if the cost information comes from someone else. If the numbers are wrong or incomplete, the landlord may lose the right to recover valid costs. 

Why This Cannot Be Left to Chance

The longer building safety works continue, the more certificates need to be issued. Each one must show the latest cost position. If a certificate underreports spend or misses out relevant defects, the leaseholder’s cap will be applied incorrectly. That opens up the process to legal challenge and financial risk. 

There is also reputational risk. Landlords who issue incorrect or delayed certificates may be seen as failing to meet their obligations under the Act. That can affect relationships with leaseholders, impact future sales and damage investor confidence. 

What Innovus Delivers

Innovus manages this process on behalf of a major institutional investor, covering over 47,000 units across 1,700 buildings in England and Wales. The team handles certificate requests from start to finish, including engagement with leaseholders, collection of ownership data and coordination with managing agents to confirm historic spend. 

Every certificate is tracked, recorded and issued within the required timeframe. The process includes full audit trails, live progress tracking and clear points of accountability. 

This is not something that can be done well without structure. The legal obligations are strict, the timelines are short and the margin for error is small. Innovus built its approach around those facts and continues to improve it with every new requirement.