Landlord & Tenant Guide
Who Is Responsible for Industrial Roof Leaks?
In most cases, the lease decides. Where the lease is silent, South African common law places the duty to keep the property, including the roof, in a reasonable state of repair on the landlord, while the tenant must use the property with reasonable care and report problems promptly. Many commercial leases change that split, so responsibility usually comes down to two things: what the repair clauses say, and what caused the leak.
- Read the lease first. The repair and maintenance clauses usually decide who pays.
- The cause matters. Wear and tear, storm damage and damage caused by a tenant are often treated differently.
- Report every leak in writing, with photos and dates, as soon as it appears.
- A written leak diagnosis settles most disputes, because it shows where the water entered and why.
Who Is Responsible for Roof Leaks Under a Commercial Lease?
The lease comes first. Most commercial leases state who must maintain and repair the roof, and the parties are generally held to what they signed. Where the lease is silent, common law applies: the landlord must maintain the property in a condition fit for the purpose it was let for, which usually means a watertight roof, and the tenant must use the property with reasonable care and not damage it.
In practice, commercial leases tend to divide roof responsibilities along these lines:
The Roof as Part of the Building
- The structure, the sheeting and its waterproofing as a whole
- Restoration or replacement when the roof reaches the end of its life
- Defects that existed before the lease started
- Storm damage to the building, usually through the building insurance
Use, Damage and Routine Care
- Damage caused by the tenant, its staff or its contractors
- Leaks from penetrations the tenant added for extractors, cabling or solar
- Routine maintenance, such as gutter clearing, where the lease makes it the tenant's job
- Reporting leaks promptly, so that a small problem does not become a large one
Why Does the Cause of the Leak Matter?
Because responsibility usually follows the cause. A roof failing from age and wear is normally the owner's maintenance problem, a leak caused by a tenant's contractor cutting through the sheets is normally the tenant's, and hail or wind damage is usually a matter for the building insurer. Until the cause has been established, every party can argue that the leak belongs to someone else.
- Worn coatings, rusted sheets and failed laps: wear and tear, usually part of the owner's maintenance
- Blocked gutters and outlets: whoever the lease makes responsible for routine maintenance
- New penetrations for equipment, cabling or solar: whoever installed them
- Hail and wind damage: usually an insured event under the building policy
- Damage from foot traffic or equipment on the roof: whoever sent people or plant onto it
"Most roof leak disputes are really arguments about the cause. A written diagnosis that shows where the water entered and why usually settles them."
Our roof leak diagnosis traces leaks with close-up inspection, thermal imaging, moisture readings and controlled water testing. It ends with a written report and photographs showing where water is entering, what caused it and what the repair involves, which gives landlord and tenant the same facts to work from.
What Should a Tenant Do When the Roof Leaks?
Protect people and stock, then put the landlord on notice in writing straight away. Record every leak with photos, dates and locations, keep a log of the damage and its cost, and give the landlord access to investigate. Do not withhold rent or commission major repairs yourself without legal advice, because either can put you in breach of the lease.
- Make the area safe: keep water away from electrical equipment, move stock and cordon off wet floors
- Notify the landlord or managing agent in writing, on the same day
- Photograph and date every leak point and every damaged item
- Keep a log of each leak, each report and each response
- Notify your own insurer if stock or equipment has been damaged
- Allow access for the inspection and the repair
What Should a Landlord Do to Limit Liability?
Maintain the roof on a schedule and keep the records. A landlord who can show regular inspections, cleared drainage and prompt repairs is in a far stronger position with tenants and insurers than one who only reacts when a tenant complains. Clear lease clauses help, but they do not replace a roof that is actually looked after.
- Inspect the roof at least once a year, and after every severe storm
- Clear gutters and downpipes before the rainy season
- Control who goes onto the roof, and require written approval for any new penetration
- Respond to leak reports quickly and record what was done
- Keep inspection reports, invoices and guarantees on file
- Record the roof's condition at the start and end of every lease
A planned roof maintenance programme covers most of this list, and prompt roof repairs stop one leak becoming a claim. Sicon Group's roof restoration, waterproofing and maintenance contracts for property managers include work for Excellerate JHI and Broll, as listed on our flagship projects page.
What About Sectional Title Schemes and Multi-Tenant Parks?
In a sectional title scheme, the roof is usually common property, and the Sectional Titles Schemes Management Act requires the body corporate to maintain and repair common property. Owners and their tenants report roof leaks to the body corporate or its managing agent, and the work is funded through the scheme's levies and reserve fund rather than by the individual owner.
In a multi-tenant park with a single owner, a leak over one unit often starts on a shared roof section or gutter, so the landlord usually coordinates the repair. The same principles apply to residential complexes and apartment blocks, where Sicon Group works with body corporates on roofs, balconies and waterproofing.
This article is general information, not legal advice. The wording of your lease decides most roof disputes, so have a property lawyer review it if responsibility is unclear.
Frequently Asked Questions
Is the landlord responsible for roof leaks in South Africa?
Often, but not always. Under common law, the landlord must keep the property in a reasonable state of repair, which usually includes a watertight roof. A commercial lease can shift some or all roof maintenance to the tenant, so the wording of the lease decides most cases.
Can a tenant withhold rent because of a leaking roof?
Not without legal advice. Withholding rent can put the tenant in breach of the lease, even where the landlord is responsible for the repair. Notify the landlord in writing, document the damage and take advice on the remedies available under the lease.
Who pays for stock damaged by a roof leak?
It depends on the cause and the lease. The tenant's own insurance usually covers stock and equipment, and the insurer may then recover the loss from whoever was responsible for the leak. Photographs, dates and a written diagnosis of the cause support any claim.
How do you prove what caused a roof leak?
With a professional leak diagnosis: a close-up inspection of the roof, supported where needed by thermal imaging, moisture readings and controlled water testing. The written report and photographs show where water entered, why, and what the repair involves.
Find the Cause, Then Fix the Leak
Arrange a leak investigation. We will trace where the water is entering, report the cause with photographs and give landlord and tenant a clear repair scope to work from.