Who pays to repair or replace a commercial roof?
Updated 23 October 2026 · SEO Dons Editorial
What does a full repairing and insuring lease say about the roof?
A full repairing and insuring (FRI) lease puts the repairing burden on the tenant, but how far it reaches depends on what is let. The RICS Code for leasing business premises says leases of whole buildings have traditionally made the tenant responsible for repairing and maintaining the entire building. A tenant of a whole warehouse or industrial unit can therefore expect the roof to fall within the covenant unless the lease carves it out.
For a unit in a larger building or estate, the same code explains the FRI label: tenants are "liable to repair the parts let to them and also liable to contribute (through cost contributions commonly called service charges) towards all the costs incurred by the landlord of repairing and insuring the structure and common parts". On one unit in a multi-let building, FRI often means repairing the unit and paying a share of the landlord's roof costs.
| Lease set-up | Who normally repairs the roof | How the cost reaches the tenant | What to check |
|---|---|---|---|
| Whole building, FRI | The tenant, if the roof is within the covenant | Directly, as repair spend | Covenant wording and the roof's condition at the start |
| Unit in a multi-let building, FRI plus service charge | The landlord repairs the structure and recharges | A proportion through the service charge | Schedule wording, caps, sinking funds |
| Part of a building, internal repairing or inclusive rent | The landlord, in practice | Through rent or a restricted service charge | Any exclusion, cap or duty on the landlord to repair |
What a tenant owes at the end of the term is a separate question, covered in flat roof dilapidations at lease end.
How is a shared roof paid for through the service charge?
The code says the service charge will "often" be "a proportion of the cost of maintaining and decorating the exterior and common parts of the building, and the cost of matters such as structural repairs". RICS's professional standard Service charges in commercial property, 2nd edition, is effective from 31 December 2025. It describes recoverable costs as the "reasonable costs of maintenance, repair and replacement (where beyond economic repair)" of fabric, plant and equipment, and states that it "cannot override the terms of the lease". It sets mandatory requirements for RICS members and RICS-regulated firms. It is not an Act of Parliament.
The service charge protections in the Landlord and Tenant Act 1985 are written for dwellings: section 18 defines a service charge as an amount payable "by a tenant of a dwelling". They are not the starting point for a commercial unit, so the lease wording and the RICS standard do the work. A mixed-use building may raise further points for a solicitor.
Can a landlord charge for a new roof, or only for repairs?
Replacement can be recoverable. Improvement generally is not, unless the lease allows it and a case is made. RICS says landlords "should not expect to recover the costs of carrying out improvements or of asset management initiatives intended to enhance the value or attractiveness of" their investment. It also notes that replacing worn-out plant "will usually include an element of enhancement or upgrade", because the replacement is "of an equivalent modern standard". A roof re-laid to current insulation standards raises the same tension, so the specification and the reasons for it matter.
| Roof work | How the RICS standard treats it, subject to the lease |
|---|---|
| Localised repair or planned maintenance | Within maintenance and repair |
| Replacing a worn-out covering like for like | Replacement is within scope where the item is beyond economic repair |
| Extra specification, for example more insulation than a like-for-like replacement needs | Improvement: not generally chargeable unless the cost-benefit case is evidenced and the lease allows it |
| Roof replacement inside a wider refurbishment | The repair or replacement element can still be charged as though the works had been started separately |
For improvements, the standard says the service charge "might include such costs where the expenditure can be evidenced following analysis of reasonable options and alternatives and having regard to a cost-benefit analysis", and that the proposal should be communicated to tenants "before any expenditure is committed". Whether a roof can be repaired or needs replacing is a technical question that a survey answers; see repair or replace.
What if a new roof is charged to tenants near the end of their leases?
This is a common dispute. RICS says "significant case law" has determined that the length of the original or unexpired term "may be a factor in determining whether costs are recoverable", and that "Landlords are required to act reasonably in seeking to recover any large costs from tenants who take leases during the latter part of the life cycle of plant and equipment". It also advises tenants to "carry out appropriate due diligence prior to signing any lease".
The standard's answer to foreseeable large items is a sinking or reserve fund, which should "relate to specifically identified expenditure only (for example, repairs or replacement of the roof, boiler plant, lift, etc.)". But a tenant is liable for such contributions "only ... so far as the lease allows", and "Where the lease is silent, the landlord cannot insist on including such arrangements in the service charge". A tenant who joins a building late in a roof's life should ask what the roof's condition is, whether a fund exists, and whether a cap applies. A schedule of condition records the roof at the start.
What should be checked in the lease before agreeing roof works?
- The repairing covenant. Who repairs the roof, and does the wording stretch to renewal? The leasing code warns that a covenant to "repair" may include repairs needed when the lease is signed.
- The plan and the definition of the premises. Is the roof let to the tenant, or retained by the landlord?
- The service charge schedule. Does it list structure and roof, and does it mention replacement or improvement?
- Caps and funds. The code says a tenant can sometimes negotiate "a maximum (cap) on the amount chargeable for all or some of the service costs". Check what is capped and what is not.
- Notice and evidence. Ask for the survey, the options considered and the apportionment. RICS says managers "should provide the facts and figures to support and justify such a proposal".
- Insurance. For part-buildings the code says the landlord will "invariably accept the obligation of insuring the building". Storm damage and wear are different things; see storm damage and insurance.
Leases differ, and a solicitor should read the actual lease before works are agreed. A tenant or landlord who wants an independent view of the roof's condition can send an enquiry through the form on this site.
Sources
- Code for leasing business premises, 1st edition, RICS, published 20 February 2020, checked 22 October 2026.
- Service charges in commercial property, 2nd edition and its RICS page, RICS, updated 8 October 2025, checked 22 October 2026.
- Landlord and Tenant Act 1985, section 18, legislation.gov.uk, checked 22 October 2026.
Common questions
Can a tenant withhold service charge while disputing a roof cost?
Generally not. RICS tells practitioners acting for tenants to advise that tenants are not generally entitled to withhold payment of service charges that have been properly demanded. The route is to query the demand, ask for the supporting survey and costs, and take advice before withholding anything.
Does the RICS service charge standard bind every landlord?
No. It sets mandatory requirements for RICS members and RICS-regulated firms, and the lease still governs. The leasing code suggests tenants ask whether the service charge is administered in compliance with the current edition of the standard.
Does a service charge cap cover a new roof?
It depends on how the cap is worded. The leasing code says a cap may apply to all or some of the service costs, and some landlords cap only costs that are largely within their control. Read what the cap covers and how it is indexed before assuming a major roof item sits inside it.
Who pays when storm damage hits a roof in a multi-let building?
The leasing code says that for part-buildings the landlord usually takes on insuring the building and tenants contribute to the premiums. Whether an insurer pays depends on the policy and the cause of the damage, so check the policy wording and the lease together before assuming who bears the cost.