roofing works
📖 What is roofing works? Meaning and definition
In the context of UK tenancy law, 'roofing works' typically describe necessary actions taken to address problems with a building's roof. These works can range from initial investigations into the cause of leaks to full-scale repairs or replacement of roof sections. Landlords, particularly those managing properties with multiple flats, are often responsible for ensuring the roof is in good condition, as its disrepair can lead to damage within individual flats.
When significant roofing works are required, especially in properties with long leaseholders, landlords may need to follow specific consultation procedures with the tenants before commencing the work and charging for it. However, in urgent situations, landlords can apply to a tribunal for 'dispensation' from these consultation requirements. This allows the works to proceed quickly to prevent further damage, with the reasonableness of the costs being determined later if necessary.
The need for roofing works often arises from inspections or reports highlighting the condition of the roof, or from direct evidence of problems like water ingress into flats. The process usually involves obtaining quotes from contractors for the required work, which are then often shared with lessees. The tribunal's role is not to determine the reasonableness of the costs at the point of granting dispensation, but rather to allow urgent works to proceed, leaving cost disputes to be resolved under specific sections of relevant Acts.
📋 Requirements
- Work is required due to leakage or general deterioration of the roof.
- The property contains multiple flats, often owned by respondents or leaseholders.
- Landlords may seek dispensation from consultation provisions for urgent works.
- Investigations into roof-level issues may precede the main roofing works.
📝 Procedure
- Investigations are carried out to determine the cause and extent of roof damage.
- A report on the condition of the roofs may be commissioned.
- Quotes for the required work are obtained from contractors.
- A Notice of Intention to carry out works may be sent to leaseholders.
- If urgent, the landlord applies to the tribunal for dispensation from consultation requirements.
- The tribunal grants dispensation, often without determining the reasonableness of costs at that stage.
💡 Examples
- A landlord sought dispensation to carry out roofing works after investigations revealed the need for repairs following persistent leakage affecting flats.
- Urgent roofing works were required for a converted house containing five flats after photographs showed significant damage to the interior of one flat and the roof itself.
- Following a comprehensive report on the condition of the roofs of a four-storey block of 22 flats, the landlord applied for dispensation to undertake the necessary repairs.
- Scaffolding was erected for initial investigations into leakage at roof level, which then led to the discovery of required roofing works for which dispensation was sought.
📚 Legal basis
- s27A of the Act
- s19 of the Act
❓ Frequently asked questions
What does 'dispensation from consultation provisions' mean for roofing works?
It means a landlord can ask a tribunal for permission to carry out urgent roofing works without fully completing the usual consultation process with tenants. This is typically granted when delays would cause further damage.
Will I have to pay for roofing works if dispensation is granted?
If you are a leaseholder, you may be liable for a share of the costs. The tribunal granting dispensation does not decide if the costs are reasonable; that can be challenged later under specific sections of the Act.
How is the urgency of roofing works determined?
Urgency is often determined by evidence of ongoing damage, such as leaks into flats, or reports from surveyors indicating a critical need for repair to prevent further deterioration or safety issues.
What if I disagree with the cost of the roofing works?
Even if dispensation for the works is granted, you can still challenge the reasonableness of the costs under sections 27A and 19 of the relevant Act. This would typically involve an application to the First-tier Tribunal (Property Chamber).
Can a landlord start roofing works without any notice?
Generally, landlords are expected to provide notice and consult with tenants for major works. However, in cases of extreme urgency, they may apply for dispensation to bypass some consultation steps to prevent immediate and worsening damage.
What kind of evidence is used to support an application for dispensation for roofing works?
Evidence often includes photographs of damage, reports from surveyors or contractors detailing the issues, and quotes for the proposed works. Letters sent to tenants explaining the situation may also be included.