A Stratford landlord’s 2026 guide to roof repair duties: section 11, the Fitness Act, HHSRS, Awaab’s Law and disrepair claims — in plain English.
Tell us the job in 30 seconds. No pushy sales, no call-out fee.
Under section 11 of the Landlord and Tenant Act 1985 you must keep the roof in repair, and it can’t be signed to the tenant. The Homes (Fitness) Act 2018 and HHSRS add to that. Awaab’s Law applies to social landlords only for now.
If you let a property in Stratford, the roof is legally your responsibility, and that responsibility cannot be handed to the tenant in the tenancy agreement. Several overlapping laws make the same basic point: the roof must be kept in repair and the home must be fit to live in. This guide explains each one in plain terms, current as of August 2026. It is general information, not legal advice — for your own situation, speak to a solicitor.
The backbone of your duty is section 11 of the Landlord and Tenant Act 1985. It requires you to keep in repair the structure and exterior of the dwelling — and the roof is the first thing that phrase covers. The duty is implied into almost every residential tenancy of under seven years, and, importantly, it cannot be excluded by anything written into the agreement.
Two points catch landlords out. First, the duty is to repair, which is triggered once you know, or ought to know, about a defect — so a tenant’s report starts the clock. Second, “structure and exterior” is read broadly by the courts: the roof covering, the flashings, the guttering that protects the walls, and the chimney all fall within it.
The Homes (Fitness for Human Habitation) Act 2018 raised the bar. It requires the property to be fit for human habitation at the start of and throughout the tenancy. A roof that leaks, or that causes damp and mould serious enough to affect the tenant’s health, can render a home unfit — and the tenant can take the landlord to court directly, without needing the council to act first.
Unlike some older rules, this Act lets the tenant seek both an order compelling the works and compensation. For a Stratford landlord that means a lingering roof leak is not just a maintenance nuisance; it is a live legal exposure for as long as it goes unfixed.
Separately, Stratford-on-Avon District Council can act under the Housing Health and Safety Rating System (HHSRS). If an officer inspects and finds a Category 1 hazard — and serious damp and mould from a failed roof is a classic example — the council can serve an improvement notice compelling the works, carry them out in default and bill you, and impose a civil penalty. A record of enforcement can also affect your ability to let in future.
Awaab’s Law — fixed timeframes to investigate and fix serious hazards — has applied to social landlords since 27 October 2025, with a second phase from 30 November 2026. It does not yet apply to private landlords.
The Renters’ Rights Act 2025 (Royal Assent 27 October 2025) contains the power to extend Awaab’s Law to the private rented sector, but that sits in Phase 3 of the Act’s rollout and has no confirmed start date — legal commentators point to 2027 at the earliest, following a consultation. Even so, the direction of travel is unmistakable, and the prudent landlord already treats a reported roof hazard as something to investigate and fix promptly, not eventually.
The same Act has already reshaped the sector in other ways: since 1 May 2026, Section 21 “no-fault” evictions have gone and tenancies have become periodic. In that environment, a well-maintained property and a satisfied tenant are worth more than ever.
Disrepair claims almost always begin with something minor that was left. A slipped tile lets water into a bedroom; the report is missed; damp spreads; mould appears; and months later the tenant’s solicitor is claiming for damaged belongings, for the reduced enjoyment of a damp home, and for the cost of the works. Add a possible council penalty and a rent-repayment order, and a £200 repair has turned into a five-figure problem.
The lesson is not complicated: acknowledge reports quickly, get a roofer out, and keep written records of what you did and when.
We offer Stratford landlords exactly this: documented annual checks, priority call-outs and written reports for your file. See our landlord roof repairs page, or call 01789 509542.
“The tenant caused the damp.” Sometimes true, often not. Government guidance is explicit that landlords should not assume a hazard is the tenant’s fault, particularly with damp and mould. If the underlying cause is a roof leak or inadequate ventilation, it is the landlord’s to fix regardless of how the tenant lives.
“The tenancy says repairs are the tenant’s responsibility.” For the structure and exterior, that clause is void. Section 11 overrides it, and a tribunal will ignore any term that tries to shift the roof onto the tenant.
“It’s only a small stain, I’ll deal with it at the next void.” Risky. Once you know of a defect, your duty is engaged, and a delay of months is exactly what turns a modest repair into a compensable disrepair claim. Investigate now, even if the full repair waits for access.
If a dispute ever arises, your paperwork is your defence. Keep every tenant report with its date, the roofer’s survey and photographs, the written quote, the invoice showing when the work was done, and the workmanship guarantee. A tidy file showing that you investigated promptly and fixed the problem is often enough to head off a claim before it starts — and it is exactly what our reports are designed to give you.
When you do instruct a roofer on a let property, ask for a few things that protect you as a landlord. A photographed survey that identifies the actual cause, not just the symptom. A written, itemised quote you can show a tenant or a solicitor if needed. And an invoice and guarantee that record exactly what was done and when. Together these show you took the report seriously and acted on it competently — which is the heart of defending any disrepair allegation. A roofer who works with landlords regularly will provide all of this as a matter of course; we do it on every job, precisely because we know how much it matters when a property is let rather than owner-occupied.
It is also worth building a relationship with one local firm rather than chasing the cheapest quote each time. A roofer who knows your properties can spot a developing problem on a routine visit, prioritise your emergencies, and keep consistent records across the portfolio — all of which reduce both cost and risk over the years you hold the asset.
No. Section 11 of the Landlord and Tenant Act 1985 places the duty to repair the structure and exterior on the landlord, and it cannot be transferred to the tenant in the tenancy agreement.
Not yet. Awaab's Law applies to social landlords only as of 2026. The Renters' Rights Act 2025 gives the power to extend it to private landlords, but that is in Phase 3 of the rollout with no confirmed date — 2027 at the earliest.
There is no single fixed private-sector timeframe yet, but your duty under section 11 is triggered once you know of the defect, and delay increases your exposure to a disrepair claim or council enforcement. Prompt action is always the safer course.
Under the HHSRS the council can serve an improvement notice compelling the works, do them in default and recover the cost, and impose a civil penalty. Serious roof-related damp is a common Category 1 hazard.
No — this is general information to help you understand your duties. For advice on your specific circumstances, consult a solicitor.
Yes. We give Stratford landlords written, photographed reports for every inspection and repair, which you can keep on file as evidence you investigated and acted promptly.
Yes — a documented annual roof check plus priority call-outs for reported leaks, designed to catch problems before a tenant has to report them.
Free survey, honest advice, no call-out fee. Call now or book a callback within 2 hours.
01789 509542