The three layers of law — what binds you today, what’s coming, and the response playbook that keeps you on the right side of all of it.
Last updated: August 2026
Private landlords in Horsham sit under three overlapping regimes, and it pays to be precise about which bind you today. The first two are live and enforceable now. Section 11 of the Landlord and Tenant Act 1985 implies into virtually every residential tenancy a duty to keep the structure and exterior of the dwelling in repair — and the roof is the definitive structural element. A slipped tile course, failed flashing or leaking valley is squarely your responsibility once you know about it, and “knowing” includes anything your agent is told.
The Homes (Fitness for Human Habitation) Act 2018 goes further than repair: the home must be fit to live in throughout the tenancy, and serious damp and mould — the classic downstream consequence of a neglected roof — can make it unfit even where the disrepair is arguable. Tenants can take direct court action under this Act without waiting for the council.
There is a lot of muddled marketing about Awaab’s Law, so here is the accurate position as of August 2026. Awaab’s Law — fixed statutory timescales to investigate and fix damp, mould and emergency hazards — has applied to social housing in England since 27 October 2025, with wider hazard categories phasing in. For private landlords it is not yet in force: the Renters’ Rights Act 2025 contains the power to extend it, the government has said it will consult on the detail, and no commencement date has been confirmed — the extension sits in the later phase of the Act’s roadmap, after the tenancy reforms that went live on 1 May 2026.
Two practical conclusions follow. First: do not let anyone sell you panic — the private-sector timescales are not yet law. Second: do not relax — the direction of travel is explicit, the social-housing template (investigate significant damp and mould within 10 working days, written summary in 3, works started promptly) is the obvious model, and landlords who build that discipline now will be compliant by default when commencement lands. Meanwhile s.11 and the 2018 Act already give tenants real remedies for roof-sourced damp today.
When a tenant reports a leak, the clock starts. Acknowledge in writing the same day — that written trail is your best friend in any later dispute. Get it triaged fast: an active leak needs same-day make-safe (we attend Horsham rentals on that basis, and the make-safe visit is documented with photos your file wants anyway). Then survey, quote, and book the permanent repair promptly, keeping the tenant informed of dates. What courts and ombudsmen punish is not the leak — roofs fail — but silence, delay and the absence of a paper trail.
You must give at least 24 hours’ written notice for access (and reasonable times), but a genuine emergency — water actively entering — justifies immediate arrangements with the tenant’s cooperation. In practice the friction is diaries, not law: we coordinate access directly with tenants for Horsham landlords precisely so a repair does not stall on three-way phone tag. For works from outside — most roof repairs — the tenant does not need to be home at all, which removes most of the problem.
A genuine repair — fixing the roof back to its previous condition — is generally deductible against rental income as a revenue expense; an improvement — a full re-roof that upgrades the covering — is generally capital and treated differently. Like-for-like replacement sits in a well-trodden middle ground that HMRC guidance treats as repair in most cases. Keep itemised VAT invoices describing the work accurately (ours do), and confirm treatment with your accountant — this is general guidance, not tax advice.
Two practical wrinkles catch Horsham landlords out. First, insurance: landlord policies cover storm damage (typically assessed against the ABI’s ~47–55mph storm threshold) but not gradual deterioration — so a roof neglected until it fails may leave you funding both the repair and the tenant’s ruined possessions claim. Documented maintenance is what keeps “gradual deterioration” arguments off the table. Second, agents: a fully-managed service does not transfer your legal duties — s.11 obligations remain yours, and an agent’s slow reporting becomes your liability. Agree a same-day escalation rule for any water ingress report, in writing, and copy yourself on repairs correspondence.
Portfolio landlords should also standardise: one roofer who knows your properties, one reporting format, one file per address. Fault patterns repeat across similar stock — five 1960s semis will fail in the same order — and a contractor who has seen your portfolio prices and prioritises accordingly.
Every obligation above is easier to meet — and to prove you met — with one habit: date-stamped photographic records. Our landlord jobs come with before/during/after photos, a written description of cause and remedy, and an itemised VAT invoice, filed against the property. That pack answers a tenant complaint, a council enquiry, a deposit dispute and an insurance claim alike. See our landlord roofing service for how we run portfolio response, or the companion guides on roof-sourced damp and mould and between-tenancy maintenance.
Notify for storm claims — that is what the policy is for, and our make-safe documentation (photos, written cause, dated report) is built for the ABI-standard claims process. Routine maintenance and small repairs do not usually need notification, but check your policy’s condition clauses: many require the property to be kept in good repair, which is another reason the dated maintenance file matters. If a leak damages a tenant’s possessions, their contents insurance covers their goods — but expect a liability question if the defect was long-reported, which the response-speed habit above is designed to defeat.
Effectively yes in residential lettings — s.11 of the Landlord and Tenant Act 1985 implies a duty to keep the structure and exterior in repair into virtually every tenancy under seven years, and it cannot be contracted out of. The roof is the definitive structural element. The duty bites once you have notice of the defect — and notice to your letting agent counts as notice to you, so agent-managed portfolios need a fast reporting pipe.
Not yet. Awaab’s Law has applied to social housing since 27 October 2025. For the private rented sector, the Renters’ Rights Act 2025 contains the power to extend it, but the government has said it will consult on the detail first and no commencement date has been confirmed — it sits in a later phase of the Act’s roadmap. Prepare now: the social-housing timescales are the obvious template, and s.11 plus the 2018 Act already apply today.
The law says “within a reasonable time,” and for an active leak that is measured in days, not weeks — water spreads damage hourly and delay converts a repair bill into a claim. Best practice mirrors the Awaab’s Law social-housing template: acknowledge in writing same day, make-safe promptly (same-day for active water), investigate and complete the permanent repair quickly, and document every step with dates and photos.
Yes — two routes. Disrepair under s.11 once you have notice, and independently under the Homes (Fitness for Human Habitation) Act 2018 if damp and mould make the home unfit, which lets tenants take direct court action without involving the council. Roof-sourced damp is the classic trigger. Prompt, documented response is the defence: courts punish delay and silence far more than the existence of a fault.
Genuine repairs — restoring the roof to its previous condition — are generally deductible against rental income as revenue expenses; improvements that upgrade it are generally capital. Like-for-like replacement is treated as repair in most HMRC guidance. Keep itemised VAT invoices that describe the work accurately, and confirm your specific position with your accountant — this is general guidance, not tax advice.