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Advice

Leasehold Flats: Who Pays for Roof Repairs?

In a leasehold flat, who pays for roof repairs depends on the lease. A clear roof report helps everyone agree what’s wrong before they argue about the bill.

When the roof over a block or a converted house leaks, the first question is often who should pay. The flat on the top floor suffers the damage, but the roof may belong to someone else, and the cost may be shared by everyone.

This guide explains in general terms how roof repairs usually work for leasehold flats. It isn’t legal advice. The answer always depends on the wording of your lease, so check it and take advice from a solicitor or a leasehold adviser if you’re unsure.

The lease decides

Every lease sets out who owns which parts of the building and who must repair them. In many blocks, the roof and main structure are kept by the landlord (the owner of the building) or a residents’ management company. The landlord repairs them and recovers the cost from leaseholders through the service charge.

But not every lease works that way. In some converted houses, the top-floor flat’s lease includes the roof, and that leaseholder is responsible for it. Some leases split it differently again. That’s why the first step is always to read the lease, especially the parts about repairs, the service charge and the definition of each flat.

How shared costs usually work

Where the roof is a shared part of the building, costs are usually shared between leaseholders in the proportions set out in the lease. For larger works, landlords usually have to consult leaseholders before carrying them out. The rules on this can be detailed, so leaseholders and landlords should take advice where needed.

Many blocks build up a reserve fund over time for big items such as roofs. A roof condition report helps work out what might be needed and when.

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Why an independent report helps

Disputes often start because people don’t agree on the facts. Is the roof failing, or is it one loose slate? Is the damage from a recent storm or long-term wear? Was it caused by work on one flat?

An independent roof report records what can be seen, with photographs, and sets out defects in order of urgency. It doesn’t decide who pays. But it gives the landlord, managing agent and leaseholders the same evidence to work from. That makes it easier to brief roofers and compare quotes. See our landlord roof survey page.

If you’re a top-floor leaseholder with a leak

  • Report the leak in writing to the landlord or managing agent straight away.
  • Take dated photos of the damage inside.
  • Keep a note of when it leaks and what the weather was doing.
  • Check your lease and your contents and buildings insurance arrangements.
  • Don’t go onto the roof yourself.

A roof leak investigation can help find where the water is getting in, which helps whoever is responsible to put it right.

Buying a leasehold flat

If you’re buying a top-floor flat or a flat in an older block, ask about the roof before you exchange. Useful questions include who is responsible for it, when it was last replaced or repaired, whether any major works are planned, and how big the reserve fund is. A pre-purchase roof survey can give you an independent view of its condition, provided access can be arranged.

Quick answers

Is the top-floor flat always responsible for the roof?

No. In many blocks the landlord or a management company is. In some converted houses, the top-floor lease includes the roof. The lease decides.

Can a roof report say who should pay?

No. It records the condition and defects. Who pays depends on the lease, and disputes may need legal advice.

Can leaseholders commission their own roof survey?

Yes, if access can be arranged. Many leaseholders and management companies do so to get an independent view.

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More advice

This guide is general information about roofs and roof surveys. It isn’t legal, insurance or structural engineering advice; for those, speak to a suitably qualified professional.

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