Recurring Roof Leak Housing Disrepair Claim Settled After Litigation

Our client had been reporting recurring roof leaks to Riverside (The Riverside Group Limited) since 2019.

Although repairs were carried out on several occasions, the leaks repeatedly returned. Water ingress affected several rooms and caused consequential damage to ceilings, walls and decoration.

After Antony Hodari Solicitors obtained independent expert evidence identifying the need to investigate and remedy the underlying cause, the claim could not be resolved without Court proceedings.

The case ultimately settled by Tomlin order, securing remedial works together with damages and legal costs.

What problems had our client reported?

Our client had reported recurring roof leaks to Riverside since 2019.

The water ingress affected several rooms within the property. Over time, the recurring leaks also caused damage to ceilings, walls and internal decoration.

Riverside responded by carrying out repairs on a number of occasions. The problem was that those repairs did not provide a lasting solution.

The roof would be repaired, but the leak would subsequently return.

After several cycles of repair followed by further water ingress, it became clear that the underlying cause required proper investigation.

Why did the roof leak keep coming back?

Recurring leaks can indicate that previous repairs have dealt with the visible symptoms without resolving the defect responsible for the water ingress. You can read more about how these claims work on our leaks and water damage page.

After our client instructed Antony Hodari Solicitors in September 2025, we arranged for an independent expert surveyor to inspect the property.

The surveyor confirmed that the previous works had not addressed the underlying defect and recommended further investigation to identify and remedy the root cause of the recurring leaks.

That expert evidence was important because it moved the issue beyond another temporary repair. It identified the need to establish why water continued to enter the property and what works were required to resolve the problem properly.

What did Antony Hodari Solicitors do?

We put the independent expert evidence to Riverside and sought to resolve the housing disrepair claim without the need for Court proceedings.

A satisfactory settlement was not reached.

We therefore issued proceedings on our client’s behalf.

The litigation concerned not only the damage caused by individual leaks, but also the recurring nature of the defect and the failure of previous repair works to provide a lasting solution.

How did the recurring roof leak claim settle?

Approximately seven months after Court proceedings were issued, and just over 12 months after Antony Hodari Solicitors was first instructed, agreement was reached.

The claim settled by way of a Tomlin order.

The detailed settlement terms are confidential. However, the settlement secured:

• remedial works to address the outstanding defect;
• damages for our client; and
• payment of our client’s legal costs.

Frequently asked questions about recurring leak claims

Is a landlord responsible for repairing a leaking roof?

For tenancies to which section 11 of the Landlord and Tenant Act 1985 applies, a landlord has an obligation to keep the structure and exterior of the dwelling in repair. A roof will ordinarily form part of the structure or exterior of a property.

Whether a landlord is legally responsible in an individual case will also depend on matters including the tenancy, the nature of the defect, notice of the problem and the action taken after the landlord became aware of it.

What if my landlord repairs a leak but it keeps coming back?

Repeated repairs do not necessarily mean that the underlying problem has been properly resolved. If a roof leak, water ingress, damp or another defect repeatedly returns after repair work, further investigation may be required to establish whether the cause has been correctly identified and remedied.

In this case, independent expert evidence found that the previous works had not addressed the underlying defect.

Can expert evidence help with a recurring leak claim?

Yes. Expert evidence can help establish the nature and extent of the disrepair, identify whether previous repairs have been effective and recommend what further investigation or remedial works may be required.

Here, the independent surveyor’s evidence was important in demonstrating that repeated repair works had not resolved the cause of the leaks.

Can a housing disrepair claim make my landlord carry out repairs?

Potentially. A housing disrepair claim can seek more than compensation. Depending on the circumstances, it may also secure remedial works to address outstanding defects.

In this case, the settlement secured repairs alongside damages and legal costs.

Can a housing disrepair claim go to Court if repairs have already been attempted?

Yes, potentially. The fact that a landlord has attempted repairs does not necessarily resolve a housing disrepair claim if the defect remains or repeatedly returns.

In this case, several attempts had been made to repair the roof, but the water ingress continued. Court proceedings were issued after the claim could not be resolved on satisfactory terms.

What is a Tomlin order?

A Tomlin order is a form of Court order used when parties settle proceedings on agreed terms. The detailed settlement terms are usually contained in a schedule to the order and may remain confidential between the parties.

In this case, the claim concluded by Tomlin order, with remedial works, damages and legal costs forming part of the settlement. We act on a no win, no fee basis in eligible housing disrepair cases.