Leaseholder excess payment following roof leak that damaged my property

Hopefully2025

Hello everyone,

I’m a leaseholder and recently experienced a significant roof leak that caused damage to my property. The issue appears to have originated from the building’s roof, which I understand is typically the responsibility of the freeholder or managing agent under most lease agreements.

I’ve already documented the damage and notified the managing agent, but I’m concerned about:

• Who is liable for repairs and associated costs?
• Whether I can claim reimbursement for the damage to my property.
• Any steps I should take to ensure this is handled promptly and correctly.

Has anyone dealt with a similar situation? Any guidance on best practices, legal obligations, or how to escalate if the managing agent is slow to respond would be greatly appreciated.

Thank you in advance for your help!

caprikid1

I thought in this situation you had to prove negligence ? Starting point is claim on your insurance ?

gm0

Contents damage will be your own contents insurance (in most setups - demised contents. Freeholder = buildings insurance. 

But repair of the roof - if not demised to the top floor unit in its lease and title plan. Is freeholder. If an insured event - lightning/storm/treefall - buildings insurance is for that.  If just wearing out.  Not. 

Still will be organised by the freeholder.  This could be developer warranty claim / PI insurance (developer insurer claim) if the place is fairly new. Or if out of warranty - it is just organising a repair/replacement of communal structure.  An early EOL - unfortunate - but wear and tear is not an insurable event.  So the steps would be survey of problem. Resolution identified, quotes. Section 20 to leaseholders.  Contract. Repair. Recharge to lesseess.

Sadly the "politics" of repair vs replace are difficult.  As getting leaked on repeatedly after attempted bodged repairs will annoy the top unit.  But may please other units as bodged "repair" is cheaper than doing what will ultimately be needed - replace.  This is democracy in Share of Freehold.  And some diplomacy/consultation by freeholder where there isn't.

With many freehold/leasehold structures.  The communal roof  being replaced eventually. Is a recharge cost to leaseholders under the lease.  The fact it happens "early" vs plan doesn't change that - outside the scenarios where someone i.e. builder and their subbies is liable - and has assets to recover - and a cost effective mechanism to recover them

Family had this with a top floor unit bought 2nd hand in a block built by two developers - one went bust.  The two PI insurers of the respective developers litigated each other on who should pay the freehold warranty claim and it took ten years before anything much happened.  Some people had buckets - for a long time.  With some half hearted repairs.  When the law suit was settled. They replaced the roof.  Not entirely successfully - but that's another story.

It is important for leaseholders to get serious and get organised if there is a "big" roof issue emerging rather than just a blocked drain/deformed flashing or something trivial. 

Hopefully2025

Thanks for your responses, My contents did not get damaged but ceilings and walls in the 2 bedrooms did, also a hole in the hallway ceiling.  Im on the 2nd floor of a small block of flats, and the roof is above me. The Freeholder is a local Borough which refuses to accept liability, they sent someone to investigate it and said it was from the Eaves.  This is an ongoing issue which happens every year. Third time its happened since I have lived here.  Am I now responsible for bearing the cost of the excess through my insurance?  

user1977

I would expect so, yes, in the same way that you would if it was a freehold property and you were solely responsible for maintaining and insuring the roof.

gm0

No idea.  

It depends on the true cause of the leak.  And whether the structure needing repair or maintenance is "yours" or "communal/theirs" on the title plans and under the obligations defined in the lease.  Both situations do exist.  So we cannot easily know here to guide you. 

Also what a sensible repair to structure, or annual maintenance action to prevent it recurring would look like.  e.g. from another family experience - water pooling in uncleared roof guttering drain alongside a flat section. 
And then finding seams.  And a way in.  An issue where neither necessary maintenance, nor an upgrade to structure to not need said maintenance were both skipped.  Causing a cycle of water ingress and damage.

If it's communal under the lease - it is on them to fix - even if they deny it in the first instance.  If it's a demised thing. They could be correct.  And it's your job to fix it

Edge cases can also exist. Where demised and communal structure "meet".  And the action taken should (reasonably) be agreed between the parties as it will modify both.  

And ideally the freeholder steps up and takes the lead.

eddddy

Hopefully2025 said:

I’ve already documented the damage and notified the managing agent, but I’m concerned about:

• Who is liable for repairs and associated costs?
• Whether I can claim reimbursement for the damage to my property.
• Any steps I should take to ensure this is handled promptly and correctly.

TBH...

• You're probably liable for repairs to your flat and associated costs (unless you can show that the freeholder was negligent, in failing to repair the roof.)

• There's nobody to reimburse you (unless you can show that the freeholder was negligent)

• Damage caused by rainwater getting through a roof is unlikely to be covered by buildings insurance or contents insurance. It's a result of wear and tear.

• Often, the freeholder will be responsible for repairing the roof (using money from the service charge fund) - but you should check your lease to make sure

There might be an exception, if the roof was damaged by a specific storm event. Then an insurance claim might succeed. You would need to specify the date and time of the storm - and the insurers would probably check met office data, to see if there really was a storm at that time in your area, that was capable of damaging a roof.

But you've said it's a recurring problem, so "storm damage" probably doesn't apply.

(Most insurance policies would cover damage caused by "escape of water", but rainwater coming through a roof isn't "escape of water".)

Hopefully2025 said:

This is an ongoing issue which happens every year. Third time its happened since I have lived here.  Am I now responsible for bearing the cost of the excess through my insurance?  

If you reported the problem to the freeholder 2 years ago, and they didn't take reasonable steps to fix the problem, the freeholder would probably be negligent - so you could claim from the freeholder for the cost of the damage caused as a result of their negligence. 

Hopefully2025

I reported the problem and It was repaired, but after 6 days it started leaking again. Some of it came from the ceiling into the hallway, the water tank is kept above in the loft.
The other water was coming into the bedroom from the ceiling corners.  The gutter gets blocked every year and its a recurring thing.  The Freeholder is responsible for the roof repairs, however they only clear the gutters out when its too late and the water has come into the property. 

eddddy

Hopefully2025 said:

I reported the problem and It was repaired, but after 6 days it started leaking again. Some of it came from the ceiling into the hallway, the water tank is kept above in the loft.
The other water was coming into the bedroom from the ceiling corners.  The gutter gets blocked every year and its a recurring thing.  The Freeholder is responsible for the roof repairs, however they only clear the gutters out when its too late and the water has come into the property. 

So if you believe the this means the freeholder was negligent, you can make a claim against them for the resulting damage.

More immediately, has the freeholder agreed that the roof needs repairing, and are they are getting on with the repairs?

And can you get the freeholder to agree to clear the gutters more frequently and/or earlier in the autumn (assuming that it's autumn leaves that are the problem)?


Obviously, roof repairs and more gutter cleaning will increase your service charge - but that's probably better than a damp flat.

And given the repeated problems, I guess the freeholder might decide that something major like a new roof is needed, which would probably cost you a hefty chunk of money.

Hopefully2025

Yes I believe the freeholder the local council was negligent.  But they are not looking to do any major works anytime soon. They seem to only do temporary patch ups, so the leaks reoccur every year. I tried to claim on there insurance but there insurance company declined saying the local council are not liable and that I should claim on my insurance and pay the £250 excess.  

huckster

You need to check what your leasehold states you are responsible in regard to your flat.

The freeholder is often only responsible for roof and external walls of the property.

As an individual leasehold flat owner, under your Contents Insurance, you can Insure your ceilings, internal flat walls and fixtures & fittings.  The current policy can be extended to include some limited amount of building type cover for your internal flat. It won't cover whats happened, but may help with future events.