Jurisdiction(s):
United Kingdom

England: Leaseholder deed of certificate under the Building Safety Act 2022—requests, deadlines, form, execution, evidence, service and qualifying lease presumption

Published by a LexisNexis Property Disputes expert

Practice notes

This ‘how to’ guide considers how to serve a leaseholder deed of certificate (LDC) under the Building Safety Act 2022 (BSA 2022)

The service charge protections in Schedule 8 apply solely to ‘qualifying leases’ under BSA 2022, section 119(2) (subject to one exception). An LDC verifies whether the lease meets section 119(2)(d). This ‘how to’ guide outlines the LDC’s format and service, the supporting evidence required, and any relevant deadlines. Under section 119(2) of the BSA 2022, a lease is ‘qualifying’ only if conditions (a) to (d) are all satisfied. Conditions (a) to (c) are relatively clear: broadly, it must be a long lease (over 21 years) of a dwelling, the tenant must be liable for a service charge, and the lease must have been granted before 14 February 2022 — see Practice Note: Building Safety Act 2022—landlord and tenant issues — Remediation of historic defects—definitions. Condition (d) of section 119(2) is met if, as at 14 February 2022, the:

dwelling was the relevant tenant’s (i.e. the tenant as at 14 February 2022) only or principal home
relevant tenant did not own any other dwelling in the UK, or
relevant tenant...

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Web page updated on 21/05/2026

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