Commercial Leases: Who Repairs the Roof, Landlord or Tenant?

What the lease usually says

Commercial leases are written contracts, and each one allocates the repair duties in its own way. A few patterns are common. A full repairing and insuring lease, often called an FRI lease, passes the cost of repairing the whole premises, including the roof, to the tenant, while the landlord arranges insurance and charges for it. An internal repairing lease limits the tenant to the inside of the unit and leaves the roof, structure and external walls with the landlord. In a multi-let building or an industrial estate, the landlord generally repairs shared parts and bills each tenant a share through the service charge.

The detail that matters is in the words. A lease may say the tenant must repair, but exclude damage by an insured risk. It may say the tenant must keep the premises in the state recorded in a schedule of condition, which sets a lower bar for an older roof. Or it may make the tenant repair but not renew, which raises the question of when a repair becomes a replacement. We are roofers, not solicitors, so we cannot interpret your lease. A solicitor can.

Repair, renewal and the old roof

A recurring dispute is the difference between repairing a worn roof and replacing it. A tenant who agreed to repair may argue that fitting a new roof is more than the lease requires, since it gives the landlord a better building. The answer depends on the clause and on the facts, including the roof's age, its state when the lease began and the scale of the work. A roofer cannot settle the legal point, but we can help with the facts: what is wrong, what the cause is, what a patch repair would achieve and what a replacement would involve.

That is where evidence helps. A dated survey with photographs shows the condition of the roof at a point in time and distinguishes recent damage from long-term wear. Our guide to repair, overlay or replace explains the options, with the reasons for each.

Practical steps for tenants and landlords

Check the lease before ordering anything. Look at the repair clause, the definitions of the premises and the structure, the service charge terms, and the rules on alterations and access. If the tenant must repair, ask the landlord for consent where the lease requires it before work starts, particularly if the roof is under a warranty that the landlord holds. If the landlord must repair, the tenant should report the fault in writing, keep proof of the date, and protect stock from damage while waiting.

For multi-let buildings, ask for a breakdown of any service charge for roof works, and for the specification and quotes. A planned programme usually costs less than emergency repairs, and a record of inspections shows that the building has been looked after. Our page on how often a commercial roof should be inspected shows a sensible routine, and planned maintenance for commercial roofs covers what it includes.

Insurance, warranties and access

Two further points trip people up. First, an existing roof warranty may belong to the landlord, and a repair by the wrong contractor, or one that ignores the maker's detail, can put it at risk. Ask who holds the paperwork before work begins. Second, access: a landlord who must repair the roof needs a way onto it through the tenant's unit or yard, and a tenant who must repair it may need the landlord's consent for scaffold on shared land. Agreeing these points in writing early saves delay when a leak is already running.

Leaks, damage and the end of the lease

When a roof leaks, the first job is to stop the damage, whoever pays. A temporary repair that makes the building weathertight is sensible and can be argued over afterwards. At the end of a lease, the landlord may serve a schedule of dilapidations listing repairs the tenant is said to owe. A survey from a roofer, taken during the lease, gives you a basis to respond with facts rather than guesses.

We prioritise leaking roof calls and make a roof safe first. Our free survey includes photographs of your own roof, and a fixed written quote follows it, which both sides can use in discussions. See our work for business premises under commercial roofing in Basingstoke.