Think tank

The right to buy is the right to buy the dwelling that is let to the tenant, so if the roof space is part of the tenancy they should have it and if not, they should not. Of course, it is not that simple, as it may be unclear whether the roof space was part of the tenancy or not.

As for the discount, it seems unlikely that the price without the roof space could be so low as to reduce the price to nil, so does it matter what the discount is against?

If the roof space is not part of the tenancy, then selling it is a voluntary decision. You need to check the powers that are being used and obtain any necessary consents. Clearly, the valuation needs to take account of it.

In effect, it is exactly the same position as when a landlord sells a tenant or owner occupier a small piece of land adjacent to their garden so they can extend it.

I would not expect you to include the roof itself in the lease – you need to retain a right to repair it, so you may as well own it; otherwise you will have problems with meeting your obligations to the tenants in the other flats. Given that you need to retain the roof, you would have to have specific clauses about windows being put in your roof. This would require your consent and you would need to be clear about maintenance afterwards.
Catherine Hand, Partner at solicitor Jenkins & Hand

The right-to-buy legislation does not compel a local authority to sell the common roof space area, and any response to a tenant’s request would be subject to a policy decision by the particular authority concerned. For example, my own authority does not include this as part of any sale.

As far as maintenance is concerned, the landlord can only maintain those parts of the structure it owns, unless the property is being sold subject to a lease for which maintenance of the structure forms part of a service charge.
Richard Kemp, vice chair, Local Government Association housing executive

Unfair eviction?
I am a tenant of a housing association that has managed properties for a police force for 10 years, of which my flat is one.We initially signed a shorthold tenancy agreement and were awaiting a new agreement.But now we have been told that the police force wants the property back vacant, so we are facing eviction. Can they do this?

This matter would be within the housing ombudsman’s jurisdiction if you wished to make a formal complaint, provided you have completed the landlord’s internal complaints procedure. Even if you do not have the right to stay in your home, the ombudsman can decide whether or not the landlord has handled the problem in a way that is fair in the circumstances.
Dr Mike Biles, The housing ombudsman