Howdy
as you guys have discovered almost all leases are FRI (Full repairing and insuring). Try getting one without FRI. There might be regional differences and you could come across a landlord that deals directly on a few units they have and is more reasonable, but I think the industry standard is FRI, and this is due an upset.
Its not a question of legal advice really - they will just tell you - you pay for EVERYTHING. Its becoming a market problem where we have people who want to buy (us) but can't for lack of availability, and you have huge hedge funds (Mileway et al) making markets and for example doubling yearly rent while the material degrades, leaving you to improve their buildings at your cost - which they then could rent for more on an open market, and increase your rent again.
So back to the roof - we have a condition report when moving in and are not required to hand back in a state better than that. At that point the roof had flaking coating - it was circa 35 years old
Fast forward a decade and its got worse - the landlord paints the outside of the units but has handled the roof by hammering tenants with dilapidation bills on moving out.
Judging by the amount of debt recovery / outstanding bills that were getting delivered when we moved in, I think the company in before us went bust, and there was no one to send the delaps bill to, so the roof was left.
Now there could be a case about design life and reasonableness - where exactly does all the money we pay in rent (approx 12% P/E ratio) go to if the landlord does not do anything, but who likes courts, who knows the outcome, and morality is not a legal requirement.
So I'm thinking we're going to get nailed at some point for it, we might do it now and have the benefit of the roof being re-coated and then on exit the condition will be more comparable to the condition on moving in.