It depends on the lease. In most blocks of flats the landlord, or a management company, is responsible for repairing the roof and recovers the cost from all the leaseholders through the service charge. In some converted houses, the lease makes the owner of the top-floor flat responsible for the roof, or includes the roof in that flat. The only way to be sure is to read the lease.
This guide explains where to look in the lease, what to do if the roof is leaking, how roof repairs are paid for, and what to check before you buy a top-floor flat.
How to find out who is responsible
Two parts of the lease answer the question:
- The description of the property (often called the demise). This sets out exactly what your flat includes. If the roof, the roof space or the structure above your ceiling is included, you may be responsible for it.
- The repairing obligations (the covenants). These say who must repair which parts of the building: the landlord, a management company or each leaseholder.
Leases vary, particularly in converted houses, and the wording can be complicated. If it is not clear, ask your solicitor or the managing agent to confirm.
The usual arrangements
| Type of building | Usual arrangement |
|---|---|
| Purpose-built block | The landlord or management company repairs the roof and shares the cost between all leaseholders through the service charge. |
| Converted house, roof not included in any flat | The landlord repairs the roof, with the cost usually shared between the flats. |
| Converted house, roof included in the top-floor flat | The top-floor leaseholder may be responsible for repairing the roof, sometimes with a contribution from the other flats. |
| Share of freehold | The leaseholders own the freehold together and share responsibility, as set out in the lease and any agreement between them. |
These are common patterns, not rules. Your lease is what counts.
What to do if the roof is leaking
- Report it in writing to the landlord or managing agent straight away, with photographs of the leak and any damage.
- Limit the damage where you safely can, for example by catching water and moving belongings.
- Check the buildings insurance. Water damage inside your flat may be covered, even if the roof repair itself is not.
- Keep a record of every report, reply and cost.
- Follow up if nothing happens. If the landlord is responsible under the lease and does not act, take legal advice on your options.
How are roof repairs paid for?
Where the landlord is responsible, roof repairs are normally paid for through the service charge, sometimes from a reserve fund built up for major works. Where major works would cost any one leaseholder more than £250, the landlord must usually consult the leaseholders before the work goes ahead, under section 20 of the Landlord and Tenant Act 1985.
Leaseholders who think a service charge is unreasonable can apply to the First-tier Tribunal (Property Chamber) in England, or the Leasehold Valuation Tribunal in Wales.
Buying a top-floor flat: what to check
- The lease: ask your solicitor to confirm who is responsible for the roof and the roof space.
- Planned works: ask whether roof repairs or replacement are planned, and whether the reserve fund can cover them.
- The condition of the roof: a survey will report on the roof as far as it can be seen, and on the roof space where there is safe access from the flat.
- Signs of past leaks: staining on ceilings and in the roof space can point to problems that have not been fully put right.
For a top-floor flat in a converted or older building, a RICS Level 3 survey gives the most detail on the roof and structure. Read do I need a survey on a leasehold flat?
Roof responsibility in a leasehold flat: frequently asked questions
Is the top-floor flat always responsible for the roof?
No. In most blocks, the landlord or management company is responsible and the cost is shared. The top-floor flat is only responsible if the lease says so.
Do I have to pay towards the roof if I live on the ground floor?
Usually, yes. Most leases share the cost of repairing the structure, including the roof, between all the flats through the service charge.
Can a surveyor tell me the condition of the roof?
Yes, within limits. A surveyor inspects the roof as far as it can be seen from the ground, the common parts and the flat, and the roof space where there is safe access.
What if the landlord will not repair a leaking roof?
Report it in writing and keep records. If the landlord is responsible under the lease and still does not act, take legal advice, as there are formal routes to have the repairs carried out.
This guide is general information about leasehold flats in England and Wales. It is not legal advice; your solicitor will advise on your lease.
Get a survey before you buy
Buying a top-floor flat or a flat in a converted house? Get a fixed price for a RICS survey online.
