A tenant in a Croydon flat notices a damp patch spreading across the bedroom ceiling. The landlord, when told, says it is probably condensation and suggests opening a window. Who is right, who has to act and who pays? For roof repairs in Croydon rented homes the answer is set out in statute, and it is more clear-cut than many landlords and tenants assume. This guide explains the law, the practical steps on both sides and where the deposit comes into it.

What the Landlord and Tenant Act 1985 says

Section 11 of the Landlord and Tenant Act 1985 implies a repairing obligation into almost every residential tenancy of less than seven years, and it cannot be contracted out of. The landlord must keep in repair the structure and exterior of the dwelling, which expressly includes the roof, and the installations for the supply of water, gas, electricity, sanitation and heating. A roof that lets in water is a failure of the structure and exterior; it is the landlord’s job to fix, and the tenant cannot be charged for it through rent, deposit or a clause in the agreement. The obligation is to repair, not to improve, so a landlord is not required to replace a sound but old roof, but must repair a leaking one properly rather than patch it indefinitely.

The duty is triggered by notice. A landlord is not in breach until they know, or ought to know, about the defect, which is why reporting in writing matters. Once notified, the landlord must act within a reasonable time, and what is reasonable depends on the severity; water coming through a ceiling is urgent, a small stain that is not growing is less so.

The Homes (Fitness for Human Habitation) Act 2018

Since 2019 the Homes (Fitness for Human Habitation) Act 2018 has implied a further term into tenancies in England: the home must be fit for human habitation at the start of the tenancy and throughout it. The fitness test includes freedom from damp, adequate ventilation and the absence of serious hazards under the Housing Health and Safety Rating System. A persistent roof leak causing damp and mould makes a home unfit, and under this Act the tenant can take the landlord to court directly for an order to do the work and for compensation, without waiting for the council. Citizens Advice and Shelter both publish plain guides to using it.

Tenant responsibilities

  • Report promptly and in writing. Email or text the landlord or agent with photographs and the date. Keep copies. This fixes the date of notice.
  • Allow access. The landlord needs reasonable access, normally on 24 hours’ notice, for inspection and repair. Refusing access for roofers in Croydon to attend weakens any later complaint.
  • Mitigate damage. Move belongings away from the leak, catch water, ventilate the room. A tenant who ignores a leak and lets it spread may face a deduction for avoidable damage to the landlord’s contents or decoration.
  • Use the home in a tenant-like manner. This covers minor matters such as keeping a balcony drain clear of leaves. It does not extend to cleaning gutters at height or going onto the roof.

What is different in Croydon

Croydon has a large private rented sector across three very different kinds of building. The 1930s semis and short terraces of Thornton Heath, Norbury, Selsdon and Shirley are often let as family homes or HMOs, with original concrete or clay tiled roofs and cement ridges that are now at the age where leaks begin. The Victorian terraces of South Norwood, Addiscombe and Broad Green have slate roofs, shared valleys and, frequently, a conversion into two or three flats, so the roof belongs to a freeholder who may not be the tenant’s immediate landlord. The town centre has a large stock of purpose-built flats, including recent tall buildings, where the roof is managed by a management company and a tenant’s complaint goes landlord to agent to freeholder. Croydon Council’s private sector housing team can inspect under the Housing Health and Safety Rating System and serve an improvement notice on a landlord who does not act; the council has operated selective licensing schemes in parts of the borough, and licence conditions typically require the roof and gutters to be kept in repair. Many still search for roofers croydon surrey, but Croydon has been a London borough since 1965 and it is Croydon Council that enforces housing standards.

Deposits and the end of the tenancy

Damage caused by a roof leak the tenant reported is not the tenant’s fault and cannot be deducted from the deposit. Deposit schemes such as the Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme look for evidence that the tenant caused or worsened the damage. The two situations where a tenant is exposed are failing to report a leak so that it spread, and causing the damage themselves, for example by blocking a flat roof outlet with stored items. Photographs and the written report protect both sides.

When to call a professional

Roof leak repair is work at height and the Health and Safety Executive expects it to be done from scaffolding, a tower or secured ladders with edge protection; neither landlord nor tenant should be on the roof. A roofer in Croydon working on pre-2000 houses should be alert to asbestos cement in soffits, garage roofs and old flat-roof sheets, and must not break it up. Roofing waste must leave with a waste carrier registered with the Environment Agency. If water has reached the electrics, the landlord’s duty under section 11 to keep electrical installations in repair applies, and a registered electrician should check the circuit; consumer unit work is notifiable under Part P of the Building Regulations. Landlords in England must also hold a valid Electrical Installation Condition Report for the property.

Landlords who need a roofer to quote for roof repair in Croydon, and tenants who want to understand what should happen next, can describe the situation to The Household Daily’s help desk and the team will help you take the next step.

Questions people ask

Is a landlord responsible for roof repairs?

Yes. Section 11 of the Landlord and Tenant Act 1985 makes the landlord responsible for the structure and exterior, which includes the roof, in almost all tenancies under seven years. The tenant must report the problem; the landlord must then repair it within a reasonable time.

Can a tenant withhold rent until the roof is fixed?

Withholding rent is risky and can lead to possession proceedings. Citizens Advice recommends reporting in writing, giving the landlord reasonable time, then contacting the council's private sector housing team or using the Homes (Fitness for Human Habitation) Act 2018 to seek a court order.

What if the landlord says the leak is condensation?

Condensation and penetrating damp look different and a roofer or surveyor can tell them apart. A patch that grows during rain is a leak. Ask the landlord to have the roof inspected, and if they refuse, ask Croydon Council to inspect under the Housing Health and Safety Rating System.

Who is responsible for gutters in a rented house?

The landlord. Gutters are part of the exterior under section 11. Tenants are expected to report overflow but are not expected to clean gutters at height.

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