Insurance and liability
Landlord or Tenant: Who Pays for Roof Repairs in a Let Home
Keeping the structure of a rented home in repair, including the roof, sits with the landlord under the letting statute, and that obligation cannot be transferred to the tenant by a clause in the agreement. Check where your own roof work sits under the roof repair responsibility, then book a survey to evidence it. It covers: Landlord · Contracting out · Tenant.
Keeping the structure of a rented home in repair, including the roof, sits with the landlord under the letting statute. That obligation cannot generally be transferred to the tenant by a clause in the agreement.
Four things that decide how it plays out
- The clause does not work Agreements sometimes purport to pass roof repairs to the tenant. The statutory repairing obligation generally cannot be excluded that way.
- Notice starts the clock The obligation to act commonly arises once the landlord knows of the defect, which is why a dated written report is the single most useful thing a tenant can do.
- If nothing happens Environmental health can inspect and act on serious hazards, and unresolved disrepair can lead to a claim for damages and an order to repair.
- An HMO Licensing conditions can impose further obligations on the landlord.
Dated written records protect both sides. A landlord holding survey reports that show prompt action is well placed if a disrepair claim is later raised.
This page is general information about how the rules apply, not legal advice. Confirm your own position with the authority named below before work starts. The authority here is the local authority's environmental health team.
3 related pages cover this in more depth: roofers selly oak, free roof check birmingham and Leasehold Roofs.
Who is responsible for roof repairs in a rented property?
The landlord. Keeping the structure and exterior of a let home in repair, including the roof, is a statutory obligation on the landlord. The tenant's duties are to report defects promptly and to allow access for inspection and repair.
The statutory repairing obligation cannot generally be excluded by agreement. The duty is reporting disrepair promptly and allowing access for inspection and works.
Can the tenancy agreement transfer the duty?
No, generally not. The statutory repairing obligation for the structure cannot be excluded by a clause in the agreement. Terms purporting to make a tenant responsible for roof repairs are commonly unenforceable.
The landlord's obligation to act commonly arises once they know of the defect. The reasonable time is subject to repairs carried out within a reasonable period, judged by severity. Belongings damaged by ingress fall to the tenant's contents insurance.
What should a tenant do about a leaking roof?
Report it in writing to the landlord or agent, keep a dated copy, photograph the damage and the date it appeared, allow access for inspection, and move possessions clear of the affected area.
- Buildings insurance is held by the landlord, covering the structure.
- Unresolved disrepair can lead to a claim for damages and repair orders.
- A local authority is environmental health can inspect and act on serious hazards.
Who covers damaged possessions?
The landlord's buildings insurance covers the structure. Damaged belongings fall to the tenant's own contents insurance. That split surprises tenants after a leak, and it is worth understanding before one happens.
Dated written reports protect both parties in any later dispute. Licensing conditions can impose further obligations on the landlord.
- The repairing obligation cannot generally be excluded by a clause in the agreement.
What if the landlord does not act?
Put the request in writing with a reasonable deadline, keep every response, contact the local authority's environmental health team where the disrepair is serious, and seek advice about a disrepair claim if it remains unresolved.
- The landlord's duty to act arises once they know of the defect.
- Tenant possessions fall to contents insurance, not the landlord's buildings cover.
- A dated written report protects both parties.
Records protect whoever kept them.
Why landlords benefit from documentation too
The obligation commonly turns on the landlord knowing about the defect, so a dated written report is the single most useful thing a tenant can do. Agreements sometimes purport to pass roof repairs to the tenant; the statutory obligation generally cannot be excluded that way.
Arranging an inspection
The structure is the landlord's buildings cover and the possessions are the tenant's contents cover — routinely confused after a leak. A landlord with dated survey reports showing prompt action is well placed if a disrepair claim is later raised.
Repairing obligation, and 5 more
- repairing obligation
- disrepair
- notice
- contents insurance
- environmental health
- HMO licensing
On a let property the landlord keeps the structure and exterior in repair, the roof included, and holds the buildings insurance. That statutory obligation cannot generally be contracted out of. The tenant's part is to report disrepair promptly and allow access, and the landlord's duty to act commonly arises once they know — so the report is what starts the clock. Repairs are judged against a reasonable period, weighed by severity. Belongings damaged by ingress fall to the tenant's own contents insurance, not the landlord's. This is general information rather than legal advice.
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