Q&As

Can a landlord insist on a contribution of 50% of costs of repair work to a roof when the roof collapsed? This should have been covered by insurance but they would not pay out as the roof was not repaired.

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Produced in partnership with Kate Andrews of Hamlins
Published on: 30 June 2017
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In answering this Q&A, it is assumed that the roof is not demised to the Tenant and that there is a written tenancy.

The Landlord and tenant’s respective responsibilities in relation to repair of the roof will depend on the terms of the lease.

Repair

It is normal in leases for there to be a duty on the landlord to repair the retained parts.

In relation to commercial premises, the absence of an express covenant, a landlord gives no warranty that the premises are or will remain physically fit for the use contemplated and is not liable to do any repairs other than those imposed on him by common law or statute. Neither imposes any specific obligations as to fitness on a landlord of business premises towards his tenant purely because of the relationship of landlord and tenant.

There

Kate Andrews
Kate Andrews

Hamlins

Kate is a partner in the Property Litigation department at Hamlins LLP and advises on a wide variety of contentious property-related matters. Her main area of practice is contractual and development disputes, including specific performance claims, injunctions, rights to light, insolvency issues, Party Wall Act disputes and the redevelopment of business premises. She also deals with dilapidations, service charges, applications for consent, rent reviews and other landlord and tenant issues. Kate trained with Nabarro, qualifying in 2003. She joined Hamlins as a partner in 2014.

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Jurisdiction(s):
United Kingdom
Key definition:
Landlord definition
What does Landlord mean?

A person who grants a lease.

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