Changes to Leaseholder and Landlord Certificate Process 

31 October 2023 | Written by Beverley Kloos

Asset Management

Amendments to the regulations governing leaseholder protections under the Building Safety Act 2022 came into force this year.  

The Building Safety (Leaseholder Protections etc) (England) (Amendments) Regulations 2023 were published on the 5th of August. The amendments include changes to the Leaseholder and Landlord Certificate process.  

To pass on any historical safety remediation costs to leaseholders, or to demonstrate to leaseholders why costs cannot be passed on, building owners must complete a Landlord Certificate. Failure to comply can have huge financial repercussions, with the potential for freeholders and/or leaseholders to have full liability for the financial cost of any measures required to rectify relevant defects.  

The main changes in this latest legislation are:  

  • New Trigger – A Landlord Certificate must be provided within four weeks of becoming aware of a new leaseholder deed of certificate that contains information not included in a previous Landlord Certificate. 
  • New Deadline – Within one week of receiving a Leaseholder Certificate, the current landlord must provide a copy to any Resident Management Company, Right to Manage Company or named manager, for the building to which the certificate relates. 
  • New Landlord Certificate – The existing certificate is replaced with a simplified version with revised provisions regarding supporting evidence.  

Innovus Asset Management Associate Director Martin Nicoll says: “We welcome the changes and simplification of the Landlord Certificate process but believe they could have gone further. This remains an extremely complex process for landlords – particularly those with large portfolios with significant implications should the correct processes not be followed.  

“At Innovus, we help landlords to navigate the complexities involved with this ever-changing legislation. We were the first asset manager to provide certificates on a large scale and to date, have supplied over 700 Landlord Certificates to ensure our clients meet the Act’s full obligations.” 

  

   

Share

  • Share
  • LinkedIn
  • X
  • Facebook

Asset Management

Leasehold vs Freehold: Essential Guide for UK Homebuyers

Buying a property in the UK? Understand the key differences between leasehold and freehold ownership with our comprehensive guide. Learn the pros, cons, costs and everything you need to know.

Read more
Learn the difference between freehold and leasehold
Asset Management

Leasehold and Freehold Reform Act Passes – Here’s What Leaseholders and Freeholders Need to Know

The Leasehold and Freehold Reform Act completed its journey through Parliament and received Royal Assent on May 24, 2024, officially becoming law.

Read more
Leasehold reform becomes law
Asset Management

What is Ground Rent? A Guide for Landlords and Leaseholders

Everything you need to know about ground rent - what it is, how it works, the laws regulating it, and how freeholders can effectively collect these payments from their leaseholders.

Read more
A guide to ground rent from Innovus
Asset Management

Leasehold Reform 2024: What the New Laws Mean for Leaseholders

The leasehold system in England and Wales is undergoing its biggest shakeup in decades with the new Leasehold Reform Act, part of the Building Safety Act 2022.

Read more