Building safe foundations: The Building Safety Act 2022 and Landlord Certificates

The Building Safety Act 2022 (“the BSA”) aims to make homes across England and Wales safer by improving standards and regulating how the safety of certain buildings is to be managed. This complex piece of legislation includes provisions governing the construction and maintenance of new and existing buildings but also ones setting out who should shoulder the costs associated with these new obligations and, also, of historic safety defects. In many cases it seeks to protect leaseholders from the burden of such remediation costs.

A number of the provisions introduced by the BSA fundamentally alter the landlord and tenant relationship where it comes to the recovery of certain costs, reallocating the burden in some cases and introducing new liabilities in others.

One of the many new obligations introduced as a practical step to support the new framework for building safety introduced by the BSA is the requirement for landlords to provide a Landlord Certificate in certain situations.

This note offers an overview of what a Landlord Certificate is, when one is required and the implications of failing to provide the Certificate or for providing an incomplete Certificate. It will be of particular interest to landlords and tenants of residential premises affected by the BSA.

This note forms part of a series of updates from the Real Estate Dispute Resolution Team at Eversheds Sutherland on the BSA. Further updates can be found on our BSA Topic page. This note is correct as at August 2026.

Read the full note here