Portsmouth landlords must keep the roof in repair under section 11 of the Landlord and Tenant Act 1985, and the property fit for habitation under the Homes (Fitness for Human Habitation) Act 2018. Awaab's Law sets strict damp-and-mould timescales in social housing; its extension to private rentals is provided for by the Renters' Rights Act 2025 but not yet in force.
A Portsmouth landlord's responsibility for the roof rests on a stack of legislation, and it is worth understanding each layer because tenants, councils and — increasingly — the courts do.
This is the foundation. Section 11 implies into almost every residential tenancy a duty on the landlord to keep in repair the structure and exterior of the dwelling — and the roof is explicitly part of the structure and exterior. The duty cannot be contracted out of. A leaking or failing roof is a straightforward breach, and the tenant can require repair and, if the landlord fails, seek damages or a court order.
This Act goes further than "repair". It requires the property to be fit for human habitation throughout the tenancy — and damp and mould arising from a failing roof is one of the clearest ways a home becomes unfit. It gives tenants a direct route to court where a landlord fails to keep the home habitable, without needing to involve the council first.
Awaab's Law introduced strict statutory timescales for investigating and fixing damp, mould and emergency hazards. As of 2026 it applies to social housing only, in force since 27 October 2025. The Renters' Rights Act 2025 — whose first-phase tenancy reforms commenced on 1 May 2026 — contains the power to extend Awaab's Law to the private rented sector, but that extension needs separate regulations and a consultation, and no commencement date for private landlords has been confirmed. The direction of travel is clear, though: Portsmouth landlords should treat prompt, documented roof repair as the standard now, not wait for the regulations.
In practice, the combined effect is simple: when a tenant reports a roof leak or damp, you must respond promptly, investigate, and repair — and you should document each step. Portsmouth's coastal stock makes this more likely to arise than inland: salt-corroded fixings on converted Victorian terraces in Fratton and Southsea, and nail sickness on the concrete-tile estates of Paulsgrove and Leigh Park, produce exactly the slow leaks that turn into damp-and-mould complaints. A landlord who can show a dated roofer's report and a prompt repair is protected; one who cannot is exposed.
Roof repairs that restore the property to its previous condition are generally treated as revenue expenses deductible against rental income; wholesale replacement that improves the property may be treated as capital. The distinction matters for your tax return but is fact-specific — keep itemised VAT invoices and confirm the treatment with your accountant. We provide the documentation; we don't give tax advice.
If there is one habit that protects a Portsmouth landlord more than any other, it is documentation. When a tenant complains of damp, when a council inspects under the Housing Health and Safety Rating System, or when a dispute reaches the new Private Rented Sector Landlord Ombudsman, the landlord who can produce a dated roofer's report showing prompt investigation and proper repair is in a fundamentally stronger position than one relying on memory. Every job we do for a landlord comes with a written report — what we found, what we did, and the condition of the wider roof — plus an itemised VAT invoice suitable for your records and tax return.
Repair obligations sit alongside the tenant's right to quiet enjoyment. For non-urgent roof works you should give at least 24 hours' written notice and arrange access at a reasonable time; for genuine emergencies — active ingress threatening the property or the tenant's safety — you can act immediately, though you should still communicate. We coordinate access directly with tenants or through your letting agent, whichever you prefer, and work around their availability for internal access where a leak needs tracing from inside.
Many Portsmouth landlords manage through agents, and we slot into that workflow: the agent reports the problem, we attend, report back with photographs and a quote, and invoice the agent or landlord as instructed. A single point of contact means a reported leak does not sit in a queue while a legal deadline builds. For portfolio landlords we hold your properties on file so each call-out starts with context, not a cold description.
The cheapest way to meet your obligations is to stop the breach arising. A twice-yearly gutter clear and a between-tenancy roof check catch the slipped tiles, blocked valleys and failing lead that become complaints — before a tenant ever notices. On Portsmouth's coastal stock, where salt accelerates every failure, that preventive rhythm is worth more than any reactive response. We offer portfolio landlords a documented maintenance schedule that keeps every property compliant and every roof sound, with the paper trail to prove it.
Section 11 of the Landlord and Tenant Act 1985 places a non-excludable duty on landlords to keep the structure and exterior of a dwelling, including the roof, in repair.
Source: Landlord & Tenant Act 1985 s.11
Finally, remember that these duties run for the whole tenancy, not just at check-in. A roof that was sound when the tenant moved in can fail mid-tenancy, especially on Portsmouth's coast where salt works continuously on fixings and lead. The obligation is ongoing, which is exactly why a maintenance rhythm — not just a reactive fix when something breaks — is the sensible way for a Portsmouth landlord to stay on the right side of the law.
Priority response, documented reports, portfolio rates. Keep your lets compliant and your tenants dry.
Call 0239 307 1334Last reviewed: 20 August 2026 by Portsmouth Roofing Experts. This is general guidance, not legal advice — confirm your obligations with a solicitor.
Prefer to talk it through? A local Portsmouth roofer will answer — call 0239 307 1334.
Under section 11 of the Landlord and Tenant Act 1985 you must keep the roof in repair; under the Homes (Fitness for Human Habitation) Act 2018 the property must stay habitable. Prompt, documented repair of leaks and damp is the standard.
Not yet. As of 2026 Awaab's Law applies to social housing only (in force since 27 October 2025). The Renters' Rights Act 2025 provides the power to extend it to private rentals, but no commencement date has been confirmed.
Section 11 requires repair within a reasonable time of being notified. Where damp or mould results, respond promptly — the direction of travel under Awaab's Law is towards strict timescales, and prompt documented action protects you.
Yes — under the Homes (Fitness for Human Habitation) Act 2018 a tenant can go directly to court where a failing roof makes the home unfit, and under section 11 for disrepair. Councils can also enforce under the HHSRS.
Repairs that restore the property are generally deductible revenue expenses; improvements may be capital. Keep itemised VAT invoices and confirm the treatment with your accountant — we provide documentation, not tax advice.
Salt-corroded fixings and lead on converted Victorian terraces in Fratton and Southsea, and nail sickness on concrete-tile estates in Paulsgrove and Leigh Park — the slow leaks that become damp-and-mould complaints.
We respond promptly to reported leaks, provide dated written reports and itemised VAT invoices for your records, and offer periodic inspections that catch problems before they become complaints. Call 0239 307 1334.