Case Study Overview: How a Long Leaseholder Secured Compensation and Repairs for a Recurring Roof Leak
A leaseholder who had experienced a recurring leak into his home for many years secured £6,650 in compensation together with an agreement requiring his landlord, the London Borough of Camden, to complete the necessary repair works.
The case is a useful example of how housing disrepair claims are not limited to tenants. Long leaseholders may also be able to pursue claims where responsibility for the source of disrepair rests with their landlord or freeholder under the repairing covenants contained in their lease.
For related information, please read Can a Leaseholder Claim Compensation for Disrepair?
If you are experiencing leaks or water ingress in a leasehold property, or your landlord is ignoring your concerns, find out more about how MJV Solicitors can help with leasehold disrepair claims.
A Recurring Leak Dating Back Many Years
Our client was the long leaseholder of a flat in London. His lease placed responsibility on the landlord for maintaining and repairing important parts of the building, including the roof, external walls, gutters and rainwater pipes.
The principal problem was a leak affecting the bedroom. Our client told us that he had first reported the problem as far back as 2006. Water would enter through the bedroom ceiling above the window during heavy rainfall. Over time, this caused cracking, water staining, bubbling paintwork and deterioration to the wall around the window.
Although contractors had attended on previous occasions and the guttering had been cleared, the problem repeatedly returned. Our client’s position was that he had reported the problem on numerous occasions without a lasting solution being provided. There was also disrepair to the bathroom ceiling following an earlier leak from the flat above.
MJV Solicitors Pursues a Claim Against the Freeholder
MJV Solicitors sent a formal Letter of Claim to the London Borough of Camden in March 2024.
An important feature of the case was that our client was a leaseholder rather than a council tenant. His claim therefore required careful consideration of the repairing obligations contained within his lease.
Those obligations included responsibility for the structure of the building and expressly referred to the roof, walls, timbers, gutters and rainwater pipes.
The claim sought both compensation for the inconvenience and distress our client had experienced and specific performance of the landlord’s repairing obligations. In other words, securing compensation alone was not enough: our client wanted the underlying problem addressed.
Council’s Own Surveyor Identified the Likely Cause of the Bedroom Leak
The Council arranged its own inspection. Its surveyor found evidence of previous water damage to the bedroom ceiling, wall and timber features. Importantly, the surveyor considered that the leak may have resulted from debris and vegetation accumulating in the guttering above the window, causing water to overflow and enter the flat.
Although the area was dry when inspected, the surveyor identified staining, cracking and delaminated wallpaper resulting from the previous water ingress. The recommended action included accessing the roof, ensuring that the gutter was clear and free-running, inspecting the roof and checking the gutter stop-ends. The Council’s surveyor also found evidence of the previous leak affecting the bathroom ceiling.
Independent Expert Evidence Obtained
MJV Solicitors subsequently instructed an independent Chartered Building Surveyor to provide expert evidence on behalf of our client.
The expert inspected the property in July 2024. His report considered the condition of the property, the nature and extent of the disrepair, its cause and the remedial works required.
This was particularly important in a leaseholder claim. It was necessary not simply to establish that there had been water damage inside the flat, but to consider whether its underlying cause arose from parts of the building falling within the landlord’s repairing responsibilities.
The expert evidence provided a basis upon which the necessary works could be identified, and negotiations for settlement could proceed.
£6,650 Compensation and Repairs Agreed
Following negotiations, the claim settled in January 2025. The London Borough of Camden agreed to pay our client £6,650 in full and final settlement of his claim for damages. The settlement also provided for payment of his legal costs. Crucially, the settlement did not deal only with compensation.
The Council also agreed to carry out the works identified in the Scott Schedule to our expert’s report within 90 days of settlement, subject to reasonable access and unforeseen circumstances. Our client accepted the settlement and subsequently confirmed that he had received his compensation.
Repairs Carried Out Following Settlement
The claim continued to be monitored after settlement because completing the necessary repairs remained important to our client. By April 2025, our client confirmed that contractors had undertaken works inside his flat and that he was very happy with the standard and efficiency of those repairs. He nevertheless remained concerned to ensure that sufficient work was undertaken to prevent the water damage recurring.
The Council subsequently arranged a post-repair inspection. Its Legal Disrepairs Works Manager confirmed that he wished to inspect the completed works and discuss the outstanding flooring issue with our client.
Following a meeting with the Council in May 2025, our client reported that discussions about the remaining internal works were nearing completion. Significantly, he was also seeking a complete record of the works carried out, particularly those to the roof, because preventing a recurrence of the leak remained his principal concern.
Why This Housing Disrepair Case Is Important for Leaseholders
Housing disrepair is often associated with claims brought by social housing tenants, but landlords and freeholders can also owe substantial repairing obligations to long leaseholders. The precise position depends upon the terms of the individual lease.
In this case, the lease expressly placed responsibility for significant structural and external elements of the building, including the roof and guttering, upon the landlord. That was important where the evidence indicated that water entering the client’s flat was associated with the roof and guttering rather than simply an internal defect within the demise. The outcome also demonstrates why a housing disrepair settlement should address both parts of the client’s claim.
Our client received £6,650 in compensation, but he also secured an enforceable agreement for repairs. Ultimately, the objective was not simply to compensate him for what had already happened but to address the cause of the problem and reduce the risk of it happening again.
Need Help with a Leaseholder Damp or Roof Leak Claim?
If you are a leaseholder dealing with persistent damp, roof leaks or water ingress that your freeholder or landlord has failed to properly investigate or repair, MJV Solicitors can help.
Our specialist leasehold disrepair solicitors can investigate responsibility for the defects, help obtain appropriate expert evidence and pursue repairs and compensation where repairing obligations have not been met.
Whether your case involves defective balconies, external walls, drainage systems or persistent leaks, we can assess your case, explain your legal options and help you move your claim forward.
MJV Solicitors – Housing Disrepair Claims for Leaseholders
This case resulted in our client receiving £6,650 compensation, the landlord agreeing to pay his legal costs and an agreement for the identified repair works to be completed. Our client’s response after receiving the compensation perhaps best reflects the outcome: he thanked the team for their help and offered to leave a review of the firm.
For leaseholders experiencing recurring leaks, water ingress or other defects affecting parts of a building maintained by their landlord or freeholder, the terms of the lease can be crucial in determining responsibility and whether a housing disrepair claim can be pursued.
Contact us today on 01253 858231 or email claims@mjvlaw.co.uk for straightforward, effective legal support.
Related Leasehold and Housing Disrepair Guides
You may also find these guides helpful:
- Can My Landlord Blame Condensation for Damp and Mould? A Complete Guide for Tenants
- Can a Leaseholder Claim Compensation for Disrepair?
- What Repairs Are Landlords Legally Responsible For?
- What Happens If My Landlord Won’t Do Repairs? Your Rights Explained
- What Makes a Property Unfit for Human Habitation?
- What Is Housing Disrepair? A Guide for Council and Housing Association Tenants
- How to Gather Evidence for a Housing Disrepair Claim
- How Does Housing Disrepair Affect Your Health and What Can You Do?
Read More of Our Successful Leasehold Disrepair Claims
- Leaseholders Secure Compensation After Years of Heating Failures and Roof Leaks
- Leaseholder Wins £11,150 Compensation After Decade of Roof Leaks and Freeholder Inaction
- Leaseholder Secures Compensation for Defective Front Door and Windows
- Long Leaseholder Secures £5000 After Repeated Disrepair Issues
Frequently Asked Questions About Leasehold Damp and Roof Leak Claims
Yes. A leaseholder may be able to pursue a housing disrepair claim against their landlord or freeholder where the landlord is responsible for the relevant repair under the terms of the lease.
Every lease is different, so the first step is usually to establish precisely which parts of the building the landlord has agreed to maintain and repair.
This will depend upon the lease. In many blocks of flats, the freeholder or landlord retains responsibility for maintaining structural and external parts of the building, including the roof and guttering.
Potentially. Where a landlord has breached its repairing obligations, a leaseholder may be entitled to damages for the resulting loss, inconvenience or interference with the use and enjoyment of their home. The circumstances of each case need to be considered individually.
A claim can seek performance of the landlord's repairing obligations as well as compensation. In this case, the settlement expressly required the Council to undertake the works identified by the independent expert.
That does not necessarily prevent a claim. Evidence of previous water ingress may remain, and repair records, photographs, correspondence and expert evidence may help establish what occurred and its likely cause. In this case, the Council's surveyor found the affected areas dry at the time of inspection but still identified evidence of the previous leak and considered its likely cause.
Potentially, yes. A claim against a local authority is not restricted to its secure tenants. The terms of the lease and the nature of the alleged breach need to be considered to establish whether the leaseholder has a viable claim.
