It depends on your lease, which sets out whether you or your landlord is responsible for repairs and how much you pay towards them. In many purpose-built blocks and converted houses, the landlord repairs the shared roof and recovers a share of the cost from leaseholders through the service charge. This is a common setup rather than a rule, and your lease is the document that decides who pays. This guide is mainly for England and Wales. Scotland and Northern Ireland differ, so ask a local adviser there.
Why your lease decides who is responsible
A lease is a legal contract between you and the freeholder. According to GOV.UK, your lease sets out whether you or your landlord has responsibility for repairs and how much you pay to maintain the property. Read the lease itself, because the answer is not the same for every building.
In many blocks the roof is treated as a shared part of the building, but the lease decides. This applies whether you live under a pitched roof covered in concrete and clay tiles, or natural and fibre cement slate, or under a flat roof sealed with built-up felt (usually torch-on), EPDM rubber, GRP fibreglass, single-ply or liquid coatings.
In many blocks the landlord organises roof repairs and recovers a share from the flats, but that depends on the lease. If part of the building belongs only to your flat under your lease (a demised part), such as a porch, check the lease to see who maintains it.
What the service charge pays for
Your lease sets out exactly how the service charge works and what it covers. Whether routine roof maintenance is paid for from your service charge depends on your lease. Roof work can involve fascias and soffits (the boards right under the roofline) or lead flashing (the metal used to seal roof joints).
You can ask for a summary of how the service charge is calculated and what it is spent on, plus any supporting paperwork. GOV.UK says it's a criminal offence if they do not provide this summary when asked. This paperwork helps you check if you are paying for actual roof maintenance or just general administration.
Smaller jobs may fall below the consultation thresholds shown below, but ask your landlord or an adviser how the rules apply to your job.
Major works and the right to be consulted
When a roof needs replacing, the job moves from routine maintenance to major works. You have the right to be consulted if you would pay more than £250 for planned work, or £100 per year for work and services lasting more than 12 months. The landlord must follow the steps of a Section 20 consultation before they start the job.
The table below shows the consultation thresholds GOV.UK gives.
|
Type of work or service |
Consultation threshold per flat |
|---|---|
|
Planned building work like a new roof |
Over £250 |
|
Long-term services lasting over 12 months |
Over £100 per year |
These are the figures GOV.UK gives for planned work and long-term services.
The consultation process gives you a chance to see what is planned. As an example, Ealing Council, as landlord of council flats, follows this process.
- They issue a Notice of Intention to all leaseholders
- Residents are given 30 days to respond to this first notice
- They send a Section 20 notice setting out the proposed work and the cost
- Residents have another 30 days to comment on the details
While comments are welcome, residents cannot stop the work from happening. This is one council's process used as an example. Private freeholders follow the same Section 20 law, but do not assume their timings match Ealing's.
Reserve funds for big repairs like a roof
A reserve fund, sometimes called a sinking fund, is a pot of money built up over time to cover unexpected or major repairs. You might pay into a reserve fund through your service charge so that when the building needs a roof replacement, the money is already there. The aim is to spread the cost over time.
However, you will not usually be able to get back any money you pay into them. If you sell your flat and move before the roof is replaced, you will not usually get that money back.
Top floor flat and water coming in
If you live in the top floor flat, you are the first to suffer when the roof leaks. Do not assume the top floor flat is responsible for the roof just because it sits right underneath it, and do not assume the freeholder always is either. Your lease and the landlord's responsibility for the structure are the main factors here.
For example, Warwick District Council states that as a landlord, it is responsible for the structure and outside of the building and all shared areas and services. Leaseholders contribute to these costs through the service charge, but you are responsible for repairs in your home. This describes one council, not every landlord, so check what your own lease says.
Your lease sets out who repairs the roof structure, including the timber deck on a flat roof or the battens (the timber strips that hold pitched roof tiles), and who repairs the inside of your flat. Understanding why your roof is leaking helps you explain the problem clearly to the freeholder.
Asking for information and paperwork
When a roof problem appears, you need the right documents to see where you stand. You have a right to find out the landlord's name and address so you can contact them directly. You should ask for information about service charges and the building's insurance policy.
The lease should set out who is responsible for structural repairs, and the landlord can give you the insurance information, so ask for both. You should also check if the roof is under any kind of warranty.
Ealing Council notes that its council flat roofs have a 20-year warranty covering faulty materials and poor installation, though not routine maintenance after the first 12 months. This is one specific council's warranty, not a general rule, but it is always worth asking your landlord if a similar guarantee exists for your building. A guarantee that is not insurance-backed is worthless if the roofing firm folds.
When to get your own roofer's report
If the freeholder is slow to act, you might want to hire a roofer to inspect the damage. A roofer's photos and a written report help prove that a repair is necessary. Knowing what to expect from a roofer helps you gather the right evidence.
They can check the ridge (the top point of a pitched roof), the hip (sloping edges), the valley (internal corners), the verge (outer edges) and the eaves (bottom edges). Never climb on a roof or use ladders at height yourself, and do not attempt to carry out leadwork, torch-on felting, structural or electrical work. Checks from the ground or from inside the loft are fine, but a professional should do the rest.
Remember that the landlord's contractor does the work on the shared roof, not the roofer you hire for the report. However, if your lease makes you responsible for a specific roof, such as a demised porch, you will need to hire the tradesperson yourself.
When looking for a firm, membership of TrustMark, the government-endorsed quality scheme for work in and around the home, is a good sign. You can also look for CompetentRoofer, a government-authorised competent person scheme run by the National Federation of Roofing Contractors (NFRC). Registered roofers can self-certify roof refurbishment in England and Wales, meaning you should receive a building regulations compliance certificate without going through council building control.
Reviewing the landlord's roofing quotes
When the landlord issues a Section 20 notice, they will provide quotes for the work. Knowing what a proper written quote contains helps you spot if the proposed costs are fair. Small repairs are usually a fixed price or a day rate, while larger work is priced per square metre plus access.
A proper written quote should include several clear details.
- A fixed price rather than an estimate that can increase
- A separate line for the cost of scaffolding
- Confirmation of whether waste removal and VAT are included
- A clear statement on how extras like rotten timber will be priced
Nobody can see rotten timber until the old covering is off, so the quote must explain the cost of extras. Prices are generally higher in London and the South East. Watch out for vague one-line quotes, or situations where a contractor is pushing for a whole new roof when a local fault could simply be repaired.
Other common scams in this trade include pressure washing sold as maintenance, or roof coating and painting claims. If the landlord's chosen firm relies on cold callers who spotted a loose tile from the street, demands cash only, asks for big deposits, or has no physical address, you should raise this during the consultation.
Challenging a charge you think is unreasonable
If you believe the cost of the roof repair is too high, or the work was done badly, you have options. If you hire a roofer yourself, the Consumer Rights Act 2015 says the work must be done with reasonable care and skill, and if it is not you can ask for it to be put right or for money back. For work arranged by your landlord, the challenge and tribunal routes below are the ones GOV.UK describes.
You can challenge a charge if you think it is unreasonable, or dispute poor quality work. You may apply to a tribunal over a service charge. However, you cannot apply to a tribunal if you have already agreed to pay the charge, if the matter is already being handled by a court, or if you pay a fixed charge.
If you are responsible for a demised roof and the contract for the work was agreed at home, by phone or online, it normally carries a 14-day cooling-off period. If you ask for work to start inside that period, you must pay for what has been done.
Resolving a dispute with the landlord
Disputes over roof repairs can damage your relationship with the freeholder. You might be able to negotiate a settlement using mediation. This process is confidential and usually quicker and cheaper than going to court.
Free advice is also available from the Leasehold Advisory Service to help you understand your position. If mediation fails, you can apply to a tribunal over disputes including service or administration charges and the cost of building insurance. In Wales, the process is slightly different and you apply to the Leasehold Valuation Tribunals instead.
If you pay a roofer yourself by credit card, Section 75 protection can apply to purchases over £100 and up to £30,000. Citizens Advice is the place to go for further guidance on a dispute.
Common questions
Do I need building regulations approval for a new roof?
In England, repairing or re-covering a roof does not normally need a building control application if less than 25 per cent of the building envelope and less than 50 per cent of the roof is affected. Above that, approval is needed and the insulation may have to be upgraded. Approval is also needed for structural alterations or where a new covering adds 15 per cent or more to the weight. Rules differ in Scotland and Northern Ireland, so check with your council rather than guessing.
What happens if a conservatory roof needs replacing?
Replacing a glazed or polycarbonate conservatory roof with a solid one takes the conservatory out of its exemption. This means building regulations apply to the new roof. If your leasehold property includes a demised conservatory, ask your landlord and the council what applies before any work starts.
Can I withhold my service charge if the roof is leaking?
Get advice before you withhold any service charge, because your lease sets out how the charge works. Free advice is available from the Leasehold Advisory Service, and the challenge, mediation and tribunal routes above are the formal ways to dispute a charge or poor quality work.
Will building insurance cover the cost of a leaking roof?
What a policy covers depends on its wording, so ask for the insurance information you are entitled to request and read it. Your lease should set out who arranges the buildings insurance.
What to do next
When dealing with a leaking roof in a leasehold property, taking the right steps in the right order protects your home and your finances. Follow this simple checklist to get started.
- Find your lease and check the specific wording about structural repairs
- Ask the landlord for a written summary of the service charge
- Report the leak to the freeholder or managing agent immediately in writing
- Request details of the buildings insurance policy to check for storm damage cover
- Expect a Section 20 consultation if the planned work is large
- Review the landlord's provided quotes to ensure scaffolding and VAT are listed
- Get advice before withholding any service charge
Whether you need an independent inspection report to show your landlord, or you are responsible for repairing a demised part of the building yourself, it pays to find a roofer near you who can assess the problem properly.
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