Who is Responsible For the Roof in a Leasehold Flat?

Living in a flat is a popular choice for many people in the UK, but when things go wrong, it can sometimes be difficult to know who is responsible for fixing it. This can be a particular issue in top flats where the roof is.

In leasehold flats, especially, there is often confusion about what you, as the leaseholder, must pay for and what the freeholder is responsible for. In this article, we’ll take a closer look at who is responsible for the roof in a leasehold flat.

Read on for more information…

What is a leasehold flat?

To understand responsibility for roof repairs, first, it’s important to understand what a leasehold flat is – and how it differs from freehold.

A freehold means you own the building, and usually the land too, outright. You are responsible for its structure unless there are any shared spaces that have been specified as being managed by someone else.
A leasehold, on the other hand, means you own the right to live in the flat for a fixed term. This could be 99 years, 125 years or even more. It is different from a mortgage. You don’t own the building itself, as this is owned by a freeholder (sometimes they will be referred to as a landlord). The lease sets out what responsibilities the leaseholder (you) and the freeholder have.

With leasehold flats, many aspects of maintenance and repair are shared or handled by the freeholder, but the leaseholder will often need to contribute to service charges or other obligations under the terms of the lease.

Who is responsible for the roof in a leasehold flat?

For many leaseholders, the roof is part of the ‘common parts’ of the building. This means:

Usually, every leaseholder will need to contribute to the cost of roof repairs if the lease includes a term saying you must do so. It’s very common for the roof to be considered a common part.
However, you are only required to pay if your lease has a specific clause that states you must contribute towards works. If the lease does not mention roof repairs or structural common parts, you may not be liable.

Additionally, major works (which roof renewal often is) will generally require the freeholder to consult leaseholders under Section 20 of the Landlord and Tenant Act 1985 so that tenants have full transparency regarding what has been proposed. They may even be able to suggest contractors for the work.

What repairs am I responsible for?

From the leaseholder’s perspective, you are usually responsible for all repairs inside your flat. This includes things that are under your direct control. In contrast, freeholders tend to handle the structure and shared parts.

Let’s take a more detailed look:

Leaseholder responsibilities:

Internal plumbing and wiring
Plasterwork and floorboards
Paintwork and decoration
Furniture and appliances
Wear and tear inside the flat

Freeholder responsibilities:

Repairs to the structure of the building- including the roof, external walls, foundations and cladding
Shared or communal parts like lifts, shared corridors, communal stairways and more.

For ‘common parts’ that require leaseholder contribution, you should be consulted before work begins that will cost you:

£250 in total
£100 per year with work that takes a year or more to complete

How to report repairs to the freeholder?

If you live in a leasehold flat and notice a problem with the roof, here is the process you should take.

Contact the freeholder as soon as possible – include:
- What the problem is
- Where it is
- How urgent it is
- Why it needs repairs now
- Date the letter and keep a copy of it

If the freeholder agrees to the repair, they should also follow the lease’s rules and any applicable legal duties, such as Section 20 consultation if the work is major or expensive. This gives leaseholders a chance to see what is being proposed and make any comments.
If the freeholder refuses or delays the work, there is action you can take:
- Seek advice from LEASE (the Leasehold Advisory Service) or a solicitor
- Check whether your local council can help, especially if the damage is risking your health.

Legal rights of leaseholders

Leaseholders have a whole host of legal rights. This includes the following:

Right of occupancy: The lease is essentially your right to occupy the flat for a fixed period of time. This is often decades, but can even be a century.
Compliance with lease terms: Both you and the freeholder must comply with the terms of the lease. For leaseholders, this usually means paying basic rent, service charges and keeping the flat in a good condition.
Right of taking care: Freeholders must properly care for the building and its structure, including roofs, hallways, walls, stairs and foundations. In return, leaseholders should be responsible for looking after the interior of their own flat, fixing any internal damage that occurs.
Right of extension: Leaseholders have a legal right to extend their occupancy period. This can enhance security and protect the value of the property, but the process can be complex and lengthy.

These rights ensure that leaseholders are not left vulnerable if freeholders fail to act, while also giving them long-term security over the condition of their homes.

What is a leasehold contract?

The lease you signed is essentially a leasehold contract between you (the leaseholder) and the freeholder. Some key points of a leasehold contract include:

It defines the rights of occupancy. This includes how long you have the lease, what parts of the building you can use exclusively, and what are shared or common areas.
It stipulates your obligations, including: maintaining areas like roofs, walls and communal parts. These obligations can’t be avoided unless explicitly stated in the lease. However, most leases do not include clauses that shift costs.

In summary, if you live in a leasehold flat, you do not bear sole responsibility for the roof unless your lease explicitly says so. In most cases, the roof is classified as a communal part, meaning the freeholder has responsibility, but leaseholders will likely need to make a contribution.