August 28

What is the (Landlord) Leaseholder Deed of Certificate (Building Safety Act)?

Some of you may already be aware of or asked to complete the Leaseholder Deed of Certificates that a building owner (Freeholder), might request from you as a leaseholder in accordance with The Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022, specifically Section 6 concerning Leaseholder deeds of certificate, landlord's steps, and requirements for leaseholders.

The Leaseholder Deed of Certificate serves as a way to establish that you qualify for protections under the Building Safety Act. By completing this certificate, you are shielded from all costs related to cladding remediation and non-cladding defects are capped. Note that these protections only apply to buildings that are over 11 meters or have at least 5 storeys.

Let me rant for a bit. It is a ridiculous situation that the government who makes up the rules has decided to retrospectively apply new rules. Its appauling behaviour but the govt has become a law unto themselves these days. 

Leaseholders can opt to complete the certificate and forward it to the building owner whenever they choose. Nevertheless, it becomes mandatory to do so if the building owner informs you of such a requirement, either because the property is being sold or a relevant defect in the building has been identified. There is no deadline for voluntarily submitting a deed of certificate.

Upon determining that you intend to sell your property, or discovering a relevant defect in the building, the building owner is obliged to request a deed of certificate from leaseholders within 5 days. After notifying you, they must provide at least 8 weeks for you to submit the certificate, with an additional four weeks available upon request.

Completing the deed of certificate can be done independently, without the need for professional assistance. However, a nominal fee is required for acquiring the necessary HM Land Registry documents to be used as evidence.

For more information, including a downloadable template of the deed of certificate, guidelines on supplying evidence, and FAQs, please refer to the following government site: Leaseholder Protections Deed of Certificate FAQs.

It's important to note that the responsibility for issuing Landlord Certificates lies with the building owner. All completed Leaseholder Deed of Certificates should be sent directly to the landlord, not to Ezytrac.

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building safety act, deed of certificate, leaseholder deed of certificate

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