Leasehold
The landlord is said to be absent and the roof leaks into the top flat. Can the survey compel the landlord to repair?
No. The survey cannot compel the landlord to repair the roof, absent or not. It can describe the leak into the top flat, the staining, and what it could not see of the covering. Compelling a landlord is a legal step under the lease, handled by your solicitor, not a power the inspection has. An absent landlord makes the practical chase harder. It does not turn the condition report into an order the landlord must obey.
Last reviewed 24 October 2026. Written for buyers in England and Wales unless this answer says otherwise. No named surveyor has signed this page. It is general guidance, not a report on your house, and not legal advice.
What is the fuller explanation?
Buyers want the PDF to do the chase. A clear description of water coming in is useful because it shows the roof is a live defect, not a rumour. It still does not serve a notice, appoint a contractor, or force an owner who is said to be absent to turn up. The lease is where repair duties sit. The survey is where the damp ceiling sits. Mixing them up produces an email the landlord can ignore and a report you have misused.
Give the solicitor the leak paragraph and ask how the lease places the roof, and what can be done if the landlord does not act. Ask the surveyor how far the water has reached and whether the covering itself was visible. Do not delay that description while you hunt the landlord, and do not tell the agent the survey has already required the repair. The rating advises you. It does not drag a missing landlord back to the building.
What should you ask your surveyor?
- How far did the leak show inside the top flat, from what you could see?
- What of the roof covering did you actually inspect?
- Are you describing condition only, with no power to compel a repair?
What are the typical next steps?
- Use the survey as evidence of the leak, not as an order to the landlord.
- Ask the solicitor who must repair the roof under the lease.
- Do not wait for the survey to summon an absent landlord.
Costs vary with the building and with who you instruct. Where this page does not cite a published figure, ask the surveyor, a relevant specialist, or your solicitor for a written quote. Do not treat a forum average as the price.
Also asked about this
If the landlord is abroad, does the rating expire?
No. The condition comment stays a comment about the leak. Distance does not delete it, and it does not give the survey a power to compel the repair.
Can the surveyor write to the landlord and require the works?
No. The surveyor reports to you. A letter demanding works is a matter for the solicitor under the lease, not a page the inspection can add.
Sources
- GOV.UK: Leasehold property (service charges, Section 20 consultation thresholds, and the right to challenge)
- GOV.UK: Leasehold Reform (Ground Rent) Act 2022 (comes into force 30 June 2022 for most new leases)
- legislation.gov.uk: Leasehold Reform (Ground Rent) Act 2022, section 4 (permitted rent is a peppercorn)