Whose Wall Is It Anyway? A Leaseholder's Guide to Your Demise and the Service Charge

Every lease is different. It’s the most important, and sometimes most frustrating, principle of property ownership in England. Understanding what is your responsibility versus what is communal can save you a world of confusion, disputes, and unexpected costs down the line. The key to unlocking this puzzle lies in two fundamental concepts: the demised premises and the service charge. In simple terms, it's the difference between "what's yours" and "what's ours."

The "Demised Premises": What You Actually Own

When you buy a leasehold property, you don’t buy the building; you buy the right to occupy a specific part of it for a set number of years. The legal term for that specific part is the "demised premises." This is the space that is exclusively yours.

But what does that include? Your lease document will have a definition, sometimes called the "Demise," which spells it out. For a typical flat in a block, this usually includes:

• The internal wall, floor, and ceiling surfaces: Think of it as the "container" of your home. The plasterboard, the floorboards under your carpet, and the plaster on the ceiling are usually yours.

• Internal, non-structural walls: The walls that divide your kitchen from your living room, for example.

• Fixtures and fittings inside the flat: This means your kitchen units, your bathroom suite, and internal doors.

• The windows, including the glass and the frames: This is a classic example of where leases get very specific. Your lease might state that the entire window unit is demised to you, making you responsible for its repair or replacement.

• Conduits serving exclusively your flat: This includes pipes, drains, wires, and cables that only provide a service (like water, electricity, or data) to your property.

This is where leases get particularly detailed. A lease can create a split responsibility. For instance, while the window frame itself may belong to you, the lease might state that the external surface of the frame is a communal responsibility. This is often done to ensure the building's exterior has a uniform appearance, with re-decoration managed centrally.

The Service Charge: Paying for the "Retained Parts"

If the "demise" is what's yours, then everything else—the main structure and shared areas—is known as the "retained parts." The freeholder (landlord) is responsible for maintaining these parts, and they recover the cost from all the leaseholders via the service charge.

The service charge is your contribution towards the upkeep of the entire building. Think of it as the shared fund that keeps the building safe, clean, and standing. Your lease will outline what can be charged, but it typically covers:

• The main structure: The roof, foundations, external and load-bearing walls.

• Communal areas: Hallways, staircases, lifts, gardens, entry-phone systems, and communal lighting.

• Building-wide services: Arranging building insurance, fire safety equipment, and health & safety assessments.

• Cyclical maintenance: Major planned works, such as painting the external surfaces of window frames and other parts of the building's exterior every five years.

• Management Fees: The cost of hiring a professional managing agent. As per RICS guidance, this should be a transparent, fixed fee.

• Reserve or Sinking Funds: A crucial pot of money collected over time to pay for future expensive works, preventing sudden, large bills for things like a roof replacement.

The All-Important Connection: A Practical Example

Let's imagine a problem with a window to see how this works.

• Scenario 1: A leaking kitchen tap. The tap is inside your flat and is part of your demised premises. It is your responsibility, and your cost, to fix it.

• Scenario 2: A rotten window frame. The wooden frame has started to rot, causing a draught. Your lease states that the window frames are demised to you. Therefore, it is your responsibility and your cost to replace the entire window unit. However, the lease also states the exterior must be painted every five years, funded by the service charge. So, while you pay for the new window, the cost of painting its external surface will be covered by the service charge when the building is next decorated.

• Scenario 3: A leak from a pipe in the wall. This is another grey area. If the pipe only serves your flat, it's likely your responsibility. If it serves multiple flats, it's a shared service, and the repair cost comes out of the service charge.

Your Lease is Your Rulebook

Ultimately, the answer to any question of responsibility lies within the complex legal wording of your lease. Before you buy a property, it is absolutely essential that your solicitor provides you with a clear "Report on Title" that explains your specific obligations. If you are already a leaseholder facing a dispute, the first step is always the same: read your lease. If the wording is unclear, seek professional advice from a solicitor or a chartered surveyor.

Understanding the boundary between your space and the shared building is the foundation of peaceful, empowered leasehold living.