“Whose Responsibility Is It Anyway?” - Demised or Communal

In a previous discussion, the answer ultimately rested within the lease itself. The same principle applies here - although in practice, the distinction between demised and communal responsibility is not always immediately clear.

The Lease Draws the Line

As with service charge liabilities, responsibility for repair and maintenance is governed by the lease.

Not by assumption.

Not by convenience.

Not by who is most readily available to resolve the issue.

But by the contractual framework that defines ownership, responsibility, and obligation.

At its simplest level, the lease will distinguish between:

• Demised property - areas within the leaseholder’s ownership and responsibility

• Communal or retained parts - areas maintained collectively or by the freeholder or management company

However, while the principle is straightforward, its application is often anything but.

Where Confusion Arises

In practice, many of the most common issues sit at the margins.

Elements that appear private may serve a wider function.

Components that feel communal may in fact fall within an individual demise.

This is where uncertainty and often disagreement, begins.

Typical examples include:

• Windows - forming part of the structure, yet directly serving individual flats

• Pipework - where internal pipes may serve one unit, while others form part of a wider system

• Balconies and terraces - exclusive in use, but often structural in nature

• Roofs and ceilings - where responsibility may differ depending on wording and construction

In each case, the answer rarely sits in how the item appears - but in how it is defined within the lease.

The Cost of Assumption

Misunderstanding responsibility does more than create confusion.

• It creates delay.

• It creates friction.

• And in some cases, it can lead to work being carried out incorrectly - or not at all.

Assumptions made in good faith can still result in disputes between leaseholders, directors, and managing agents, particularly where cost recovery or liability is later challenged.

Clarity at the outset avoids escalation later.

A Shared Objective

Despite differing responsibilities, the underlying objective remains the same:

The effective maintenance and protection of the building.

Whether an item falls within a demise or a communal obligation, the outcome is shared. Buildings do not differentiate between legal boundaries - only between what is maintained and what is not.

This is where communication, understanding, and reference to the lease become essential.

A Matter of Definition

Questions around responsibility are entirely understandable. The physical layout of a building rarely mirrors the legal framework behind it.

However, as with service charges, clarity does not come from interpretation alone.

It comes from definition.

“It’s in your lease.”

While often seen as a simple response, it reflects a consistent principle across residential management:

Responsibility is not assigned by appearance - but by agreement.

And understanding that agreement is key to avoiding unnecessary dispute, delay, and cost.

David Elsworth is Founder & Director of Worth Property Management