Dilapidations and roof repairs at lease end

The word covers the repairs and reinstatement a tenant may be responsible for under a commercial lease when it ends. It is a lease matter, not a roofing one, and the roof only comes into it if the lease puts the roof within the tenant's obligations.

Many commercial leases put the whole building on the tenant, including the structure and roof. Others split things up, with a landlord looking after the roof and recovering the cost through a service charge. Multi-let units often work that way. Some leases limit the tenant's duty with a schedule of condition recorded at the start.

Because the position differs so much, the first step is reading the repair covenant and any schedule of condition. A solicitor or chartered building surveyor can tell you what the wording means. Legal advice is for your solicitor; what we can tell you is what the roof physically needs.

Towards the end of the term, or just after it, the landlord usually sends a schedule of dilapidations. It lists the items the landlord says the tenant should put right, often with a cost against each one. For roofs, the schedule may call for patching, a partial re-cover or complete renewal.

The schedule is the landlord's opening position, not a final bill. Items can be challenged, reduced or dropped, particularly where the work would improve the building beyond the state the lease requires, or where patching would cure the fault and renewal is demanded instead.

That is why evidence matters. A roof described in the schedule as needing renewal may turn out to need a few re-sealed laps, new fixings and some cleared gutters. A survey with photographs gives you firm evidence to show the landlord's surveyor.

A roofer's job is to describe the physical condition of the roof and what work would put it in sound, weathertight order. We survey the whole roof, photograph the defects, separate wear from damage, and send a written quote for a proportionate repair.

That gives you a figure to set against the landlord's claim. We favour the lightest job that cures the fault, which is also the position easiest to defend in discussion. Our page on metal roof sheeting for commercial buildings sets out how sheet roofs age, which helps when a landlord says a roof has failed.

We do not argue the legal side, which belongs to your solicitor or surveyor. If you have one, we are happy to talk through what the survey found and send the photographs on.

The best time to look at the roof is well before the lease ends. If you know your end date, a survey a year or so ahead gives time to plan repairs, collect quotes and agree the scope without a rush. If the lease has a break clause, the date by which conditions must be met may be earlier still, so check it.

Roof repairs depend on weather. Sheet laps and sealants are better done in dry, mild conditions, and a deadline in the middle of winter leaves little room. A lease that ends on an agreed date also gives a clean point to hand back the roof with a report that records its condition on the day. Our page on whether a commercial roof replacement needs planning permission sets out what needs to be arranged before a larger project.

If a landlord's schedule has already arrived, the survey can still help. It is better late than never, and a clear record of condition is valuable in any discussion about cost. Check, too, whether the lease needs the landlord's written consent before you alter or renew any part of the roof, because doing it without consent can create a fresh problem.

Some items are easy to overlook. Gutters and outlets are often on the schedule because blocked drainage causes damage elsewhere, and clearing them is cheap. Rooflights may be listed as fragile, and safety signs or netting may be asked for. Our page on commercial property roof insurance claims explains what an insurer asks, as the building's policy may bear on a roof that has failed in a storm.

Whether any repair is the tenant's cost, the landlord's, or an insurer's is a question for the lease and the policy. Claims are a matter between you and your insurer, and nobody can predict how one will turn out.

Records help in every case. Keep invoices, survey reports and dated photographs of any maintenance, because they show a pattern of care that supports your position.

Not every defect needs to be fixed to satisfy a lease. Cosmetic wear, faded colour coating and light surface rust may be accepted by the landlord or excluded under the lease terms. The questions that matter are whether the roof keeps water out, whether it is safe and whether the lease requires more.

If the roof leaks, repair is the practical choice. If it has simply run out of years and the lease clearly requires a sound roof, a larger scheme may be justified, but it is worth testing the alternatives first. Sometimes over-cladding or a targeted section replacement does what is needed for less.

Ask for photographs, a written quote and a plain explanation. All three follow a survey from us, and workmanship on any job is guaranteed in writing for 10 years. Our commercial roofing page lists the full range of services.