roof works
📖 What is roof works? Meaning and definition
In UK tenancy law, particularly for leasehold properties, 'roof works' describe any necessary actions taken to maintain or repair the roof. These works are often a significant part of service charges paid by leaseholders to their landlord. The First-tier Tribunal frequently deals with disputes regarding the reasonableness of the costs associated with such works and whether they were reasonably necessary.
Landlords are typically required to consult with leaseholders before undertaking major roof works, especially if the cost exceeds a certain amount. This is known as a Section 20 consultation under the Landlord and Tenant Act 1985. However, in urgent situations, or where additional works are discovered during an ongoing project, landlords can apply to the Tribunal for 'dispensation' from these consultation requirements, particularly if it would be more cost-effective to complete the works while scaffolding is already in place.
The Tribunal will assess whether the roof works were reasonably necessary and if the total cost was reasonable. For example, if works are needed to prevent water ingress to a top-floor flat, this would likely be considered necessary. The Tribunal's decision on the reasonableness of costs directly impacts the amount leaseholders are required to pay through service charges. Leaseholders have the right to challenge the payability or reasonableness of service charges related to roof works.
📋 Requirements
- The roof works must be reasonably necessary.
- The total cost of the roof works must be reasonable.
- Landlords typically need to conduct a Section 20 consultation for major works, unless dispensation is granted.
- Dispensation from consultation may be granted if works are urgent or more cost-effective when done alongside existing works.
📝 Procedure
- Landlord identifies the need for roof works.
- Landlord typically undertakes a Section 20 consultation with leaseholders regarding the proposed works and costs.
- If additional or urgent works are identified, the landlord may apply to the First-tier Tribunal for dispensation from consultation requirements.
- The Tribunal assesses the application for dispensation, considering factors like urgency and cost-effectiveness.
- The Tribunal determines if the roof works were reasonably necessary and if the costs are reasonable, impacting service charges.
💡 Examples
- A landlord carried out roof works in 2020/2021 costing £13,659.60, which the tribunal found to be reasonably necessary and the cost reasonable, meaning a tenant was liable for 25% of this sum.
- During ongoing roof works, it became apparent that further repairs were needed to a different part of the roof to prevent water ingress, leading the landlord to seek dispensation from consultation to complete these additional works while…
- A landlord applied for dispensation from consultation requirements for additional roof works, arguing it would be more cost-effective to complete them while existing scaffolding was in place, and the Tribunal granted this because no party…
- Interim service charges for roof works were set out in an estimate for 2021-2022 and deemed reasonable by the tribunal, though this did not prevent a tenant from challenging the final assessment.
📚 Legal basis
- Landlord and Tenant Act 1985
- Commonhold and Leasehold Reform Act 2002
❓ Frequently asked questions
What does 'reasonably necessary' mean for roof works?
For roof works, 'reasonably necessary' means the repairs or maintenance were genuinely required to maintain the property, such as to prevent water ingress or address structural issues, rather than being purely cosmetic or excessive.
Can I challenge the cost of roof works?
Yes, as a leaseholder, you have the right to challenge the payability or reasonableness of service charges, including those for roof works, before the First-tier Tribunal. The Tribunal will assess if the costs were reasonable.
What is a Section 20 consultation?
A Section 20 consultation is a legal requirement for landlords to consult with leaseholders before carrying out major works, including roof works, if the cost to any one leaseholder exceeds a certain amount. This ensures leaseholders are informed and have an opportunity to comment.
When can a landlord avoid Section 20 consultation for roof works?
A landlord can apply to the First-tier Tribunal for 'dispensation' from Section 20 consultation requirements if there's an urgent need for the works, or if it's significantly more cost-effective to carry them out immediately, for example, while scaffolding is already in place for other works.
What happens if I object to roof works?
If you object to proposed roof works during a Section 20 consultation, your landlord must consider your comments. If a dispute arises regarding the necessity or cost, the matter may ultimately be decided by the First-tier Tribunal. For specific advice on your situation, you may wish to consult a qualified solicitor.