You might want to check your lease to see who’s responsible for what in your particular leasehold building. However, when it comes to leaking roof repairs, it is normally the responsibility of your freeholder to put things right. In most cases, leaseholders are responsible for the maintenance of their flat’s interior.
The responsibility for the roof in a leasehold flat typically lies with the freeholder, as the roof is considered a structural element of the building and a common area. The leasehold agreement should clearly outline the freeholder’s obligation to maintain and repair the roof.
But the complexity of agreements and responsibilities between freeholders and leaseholders means it’s not always clear who should deal with the issue or cover the costs. In most cases, the repair of structural problems, such as leaking roofs, is your freeholder’s responsibility. But what do you do if they refuse to take action?
The leasehold agreement will generally stipulate that the leaseholder is responsible for the internal repairs and maintenance of their flat, including any parts of the roof that are within the leaseholder’s demise.
So, where a property is leasehold, such as a flat in a block, maintenance and repair of the roof, gutters and drains is usually the responsibility of the freeholder, unless stated in the agreement that this is the responsibility of the lessee. If the property's freehold, it's down to the landlord. Landlord / Freeholder:
A: A freeholder should act swiftly, especially if the leak poses health risks. While there is no set legal time frame, delays can be disputed in court if they seem unreasonable. At Novello, we compile roof survey reports while complying with the most stringent guidelines set out by the Royal Institute of Chartered Surveyors (RICS).