Landlord's certificate or leaseholder deed of certificate: which one do you have to fill in?

In England, the landlord’s certificate and the leaseholder deed of certificate do different jobs under the Building Safety Act leaseholder-protection regime. Wales has no equivalent in-force requirement yet, although a 2026 Welsh consultation proposes near-identical certificates; Scotland and Northern Ireland have no equivalent Building Safety Act certificate regime.

What is a landlord's certificate under the Building Safety Act?

A landlord’s certificate under the Building Safety Act is the prescribed England-only certificate a current landlord gives to a leaseholder in a relevant building to show whether historic building-safety costs can be passed on and whether the 14 February 2022 landlord met the statutory contribution condition. Regulation 6 says: “A current landlord must provide a certificate (a “landlord’s certificate”) to a leaseholder in each of the following circumstances—”. Its purpose is not just administrative: government guidance says, “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 the landlord certificate.” No legislation fixes a fee for issuing a landlord certificate; the common claim that landlords cannot charge is only clearly supported for the separate leaseholder-deed notice, where the rule says, “The landlord may not charge the leaseholder for sending any notice under this regulation.” Abodient can store the landlord certificate against the property compliance record so a landlord can see which buildings and leases still lack the document.

When does a landlord have to issue a landlord's certificate?

A landlord has to issue a landlord’s certificate in England when demanding a remediation service charge, within four weeks of sale notification, within four weeks of a leaseholder’s request, within four weeks of becoming aware of a relevant defect not covered by an earlier certificate, and within four weeks of becoming aware of a new leaseholder deed of certificate containing new information. The sale trigger is explicit: the certificate must be provided “within four weeks of receipt of notification from the leaseholder that the leasehold interest is to be sold;”. The request trigger is also explicit: it must be provided “within four weeks of being requested to do so by the leaseholder.” Since the 2023 amendments, the duty is not limited to qualifying leaseholders; government guidance says, “Landlords must now provide a landlord certificate to all leaseholders in a relevant building, regardless of qualifying lease status.” Once served, a copy must also go to other landlords, the RMC, RTM company or named manager within one week.

Do you need a landlord's certificate to sell a flat?

No law makes a landlord’s certificate, or a leaseholder deed of certificate, a condition of completing a leasehold flat sale in England; the sharp legal rule is only that the landlord must issue the landlord certificate within four weeks after being notified that the lease is to be sold. That matters because some conveyancing firms treat the certificates as if a sale cannot proceed without them, but the Law Society’s scenario guidance gives the opposite practical answer: “You proceed as normal.” The statutory sale trigger says the landlord must provide the certificate “within four weeks of receipt of notification from the leaseholder that the leasehold interest is to be sold;”, which is a post-notification duty on the landlord, not a completion condition imposed on seller and buyer. In practice, buyer solicitors and lenders often ask for the landlord certificate and the leaseholder deed of certificate because Building Safety Act risk affects value, mortgageability and enquiries before exchange, but that is conveyancing practice rather than a statutory bar to sale.

When is a landlord's certificate not required?

A landlord’s certificate is not required in England unless one of the regulation 6 trigger events occurs, and it is not required at all under the English Building Safety Act leaseholder-protection certificate regime for Wales, Scotland or Northern Ireland. The regulation does not give a freestanding list of exemptions; it starts from the opposite structure: “A current landlord must provide a certificate (a “landlord’s certificate”) to a leaseholder in each of the following circumstances—”. The regime is England-only because the regulations state, “These Regulations extend to England and Wales and apply in England only.” A fresh certificate is also not automatically required merely because the 2023 amendments changed the form; government guidance says, “Where a certificate has already been issued, the amending regulations do not require a fresh certificate to be issued.” Wales is consulting on its own 2026 Act regulations, Scotland uses a different cladding-assurance approach, and Northern Ireland has no equivalent leaseholder deed or landlord certificate requirement.

What does a leaseholder deed of certificate do?

A leaseholder deed of certificate is the leaseholder’s deed, not the landlord’s form, and it shows whether the lease qualifies for Building Safety Act leaseholder protections and supplies the facts needed to calculate the protected leaseholder’s liability. Government guidance puts the core function simply: “A deed of certificate confirms whether you are eligible for the leaseholder protections.” The regulations also make clear who fills it in: “A leaseholder deed of certificate in relation to a lease of a dwelling in a relevant building must be executed as a deed by the person who is the leaseholder under that lease.” So if you are asking who is asking you as a landlord to fill one in, the answer is no one: the leaseholder executes the leaseholder deed of certificate, and the landlord may request it or receive it. No source gives a statutory penalty for getting qualifying-leaseholder status wrong on the deed, so the real risk is practical and financial: the wrong status can affect whether protections are applied and how costs are demanded.

Do you have to complete a leaseholder deed of certificate?

You do not always have to complete a leaseholder deed of certificate in England, because after a landlord’s notice the regulations let the leaseholder either provide the deed or reply in writing refusing to provide one. The refusal option is express: the leaseholder may “reply to the landlord in writing stating that the leaseholder will not provide a leaseholder deed of certificate.” That is sharper than guidance saying you must complete one, but refusal is not usually sensible if you need Building Safety Act protection to be recognised on a sale or service-charge calculation. The Act’s starting presumption is also more nuanced than many summaries suggest: “The lease is to be treated for the purposes of this Schedule as a qualifying lease unless—”. You can choose to complete and send one without waiting to be asked, and government guidance says, “You can choose to complete and send a deed of certificate to your landlord at any time.” It is not required outside the England-only regime.

How do you complete a leaseholder deed of certificate?

To complete a leaseholder deed of certificate in England, use the prescribed form, fill in the leaseholder, qualifying-status, ownership, value and shared-ownership information, attach the required evidence, execute it as a deed, and serve it on the landlord by the reply date if the landlord has requested it. The core execution rule is: “A leaseholder deed of certificate in relation to a lease of a dwelling in a relevant building must be executed as a deed by the person who is the leaseholder under that lease.” If the landlord serves the statutory notice, the reply date must be at least eight weeks from receipt: the notice must “provide the date (which must be no less than 8 weeks from the date of receipt of the notice under paragraph (5)(a)) by which a reply to the notice must be received”. If the leaseholder asks before that date, “the landlord must allow the leaseholder an additional four weeks”. An electronic official copy of title is acceptable evidence, despite older advice focusing on paper copies.

Last reviewed September 2026.

Sources

• Building Safety (Leaseholder Protections) (England) Regulations 2022, regulation 6 — “A current landlord must provide a certificate (a “landlord’s certificate”) to a leaseholder in each of the following circumstances—”. Source
• GOV.UK leaseholder protections amendments guidance — “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 the landlord certificate.” Source
• Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022, regulation 6 — “The landlord may not charge the leaseholder for sending any notice under this regulation.” Source
• Building Safety (Leaseholder Protections) (England) Regulations 2022, regulation 6 — “within four weeks of receipt of notification from the leaseholder that the leasehold interest is to be sold;”. Source
• Building Safety (Leaseholder Protections) (England) Regulations 2022, regulation 6 — “within four weeks of being requested to do so by the leaseholder.” Source
• GOV.UK leaseholder protections amendments guidance — “Landlords must now provide a landlord certificate to all leaseholders in a relevant building, regardless of qualifying lease status.” Source
• Law Society Building Safety Act conveyancing scenarios — “You proceed as normal.” Source
• Building Safety (Leaseholder Protections) (England) Regulations 2022, regulation 1 — “These Regulations extend to England and Wales and apply in England only.” Source
• GOV.UK leaseholder protections amendments guidance — “Where a certificate has already been issued, the amending regulations do not require a fresh certificate to be issued.” Source
• GOV.UK leaseholder deed of certificate FAQ — “A deed of certificate confirms whether you are eligible for the leaseholder protections.” Source
• Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022, regulation 7 — “A leaseholder deed of certificate in relation to a lease of a dwelling in a relevant building must be executed as a deed by the person who is the leaseholder under that lease.” Source
• Building Safety Act 2022, Schedule 8, paragraph 13 — “The lease is to be treated for the purposes of this Schedule as a qualifying lease unless—”. Source
• GOV.UK leaseholder deed of certificate FAQ — “You can choose to complete and send a deed of certificate to your landlord at any time.” Source
• Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022, regulation 6 — “provide the date (which must be no less than 8 weeks from the date of receipt of the notice under paragraph (5)(a)) by which a reply to the notice must be received”. Source
• Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022, regulation 6 — “the landlord must allow the leaseholder an additional four weeks”. Source