My family and I live in a flat in London. Last week, half the rendering that runs along the top of the three-storey building in which we live collapsed onto the pavement.

It made an almighty crash and could have caused serious harm if anyone had been standing directly underneath.

All the flats in the building are owned by leaseholders and we pay the landlord around £250 a year in ground rent. We are also liable to pay a service charge, although this only covers basic maintenance.

The landlord is claiming the insurance won't cover the repair as it will be classed as wear and tear as there were no storms or heavy rain at the time of the incident.

But we suspect he hasn't contacted the insurer. In fact, there is a concern that the building may not be insured at all given the freeholder has failed to deal with an incident in the past.

Who is responsible for sorting it out, and what are our legal options? Also, is the landlord obligated to show us the insurance company's response?

The council also inspected the property in the past few days and issued a dangerous structure notice. Would this change anything?

Ed Magnus of This is Money replies: This is an unfortunate situation and quite frankly should come as a warning to leaseholders up and down the country.

With an estimated 4.77 million leasehold homes in England alone, there will no doubt be situations similar to this one happening all the time.

Leaseholders are typically reliant on a freeholder, also known as a landlord, or a management company to look after the building.

This is all well and good, if the freeholder takes their responsibilities seriously and looks after the building and common parts.  

But there are also many cases like this, where freeholders or management companies are failing in their obligations and taking a reactive, rather than proactive, stance towards keeping their building in a decent state of repair. 

This can not only lead to extra costs for leaseholders when a major problem does arise, but it is also dangerous.

For expert advice on the matter, we spoke to  Mike Hansom, a consultant in property litigation at BLB Solicitors, and Olivia Egdell-Page, a partner and head of the property department at Joseph A Jones & Co solicitors.

Is the freeholder responsible for repairing damage?

Mike Hansom replies: This sudden and dangerous incident must have come as a shock to you. Thankfully, it appears nobody was injured.

In most leases of residential flats, the obligation to maintain and keep the structure of the building in repair falls on the freeholder or a management company. 

Olivia Egdell-Page replies: Having looked over your lease document, although only partially provided, it seems to suggest that the landlord is responsible for the main structure of the building. 

It says this includes 'the roof, chimney stacks, gutters and rainwater pipes, exterior walls, foundations and any walls of the building not demised by this lease, or any lease of any other part of the building'. 

This would suggest the fascia or cladding would be their responsibility to maintain and repair.

Will the leaseholder have to pay for the repairs?

Olivia Egdell-Page replies: Your flats are above a shop, and the same clause on your lease also states that the tenant shall not be obliged to contribute towards costs relating to the building as whole, which are not part of the flats. 

It would depend on how the fascia itself is construed as to whether a contribution could be sought. 

Ultimately in these cases, the provisions in the lease will dictate the areas of the building which are 'common parts' and therefore the responsibility of the freeholder.

Will the service charge go up? 

Mike Hansom replies: It is likely the landlord will try to pass its associated costs to the lessees through the service charge, which could prompt a dispute about the reasonableness of those charges. 

Normally, the freeholder must consult with the leaseholders about service charge increases to pay for repairs. However, the law says that where major works of repair are urgent, the landlord can apply for dispensation from the usual consultation obligations.

Once the building is made safe and the need for works is no longer urgent, the landlord should follow that procedure for the subsequent repairs by serving section 20 Notices under the Landlord & Tenant Act 1985.

Statutory consultation is required where anticipated repairs are likely to result in individual lessees paying more than £250 in their service charge. 

If the landlord fails to consult it will be limited to recovering a maximum of £250 per lessee.

Could they sue the landlord? 

Mike Hansom replies: If the lessees suffer financial loss due to the landlord's failure to repair, in principle, a lessee can sue the landlord for compensation. 

If appropriate, they could also obtain an injunction order compelling the landlord to undertake the repairs. 

The financial implication for you in this case will be having to contribute a share of the clean-up and repair costs through the service charge.

Imagine a hypothetical scenario where the landlord failed to inspect and repair the roof and guttering, resulting in water gushing into your flat. 

In that case, you would have a claim for breach of the landlord's repairing covenant, and could claim the costs of repairing your flat and replacing any damaged contents. 

If you were letting out the flat, you would potentially also have a claim for the lost rent. 

Likewise if the landlord failed to repair the render, you could - in principle - claim compensation reflecting the reduction in value of the flat, as well as an injunction order requiring it to do the work.

Should the freeholder have inspected the flats?

Mike Hansom replies: To comply with their repairing obligations, the landlord should routinely inspect and undertake repairs before failure occurs. 

If an earlier inspection had identified the need to repair the render, the landlord would be entitled to recover the leaseholders' share of the costs through the service charge. 

However, it is unclear whether the current cost of repair will be any different from the cost if your landlord had inspected and identified the issue sooner. In both cases, the render needs to be repaired.

Will buildings insurance cover the cost? 

Mike Hansom replies: Although it is unclear precisely what caused the render to come away, the insurer has concluded it was down to disrepair, which it says is not covered under the policy. 

If the cause was, say, impact or flood, it may be insured, but ultimately the cause must be determined by a surveyor's evidence. 

It is common for disrepair-related issues to be excluded in policies, but you need to obtain the policy to check what is covered. 

I appreciate you want to satisfy yourself that their conclusion of disrepair is correct.

Olivia Egdell-Page adds: With regard to insurance, a lease will often contain a provision obliging the landlord to insure the building as a whole and to recover the cost from the leaseholders. 

In return, leaseholders can usually request a copy of the policy or schedule from the landlord, although whether this extends to further correspondence will again depend on the lease provisions.

Is the landlord legally obliged to share the insurance policy? 

Mike Hansom replies: It is common for leases to compel the landlord to insure the building. 

Assuming that is the case here, you have a statutory right to see the policy wording. 

If the landlord fails to comply with your request without reasonable excuse, they are guilty of a criminal offence.

In addition, some leases contain specific clauses requiring the lessee's interest in the building to be noted on the insurance policy. 

If that applies to you, you may be able to compel the insurer to provide copies of the exchanges of correspondence about the claim if the landlord refuses. 

Alternatively, if you are a member of the management company, right to manage  company, or own a share of freehold, you may be able to use your status as a member, director or co-owner to obtain sight of the insurance documents.

Short of that, you could suggest to the landlord that you might not pay your service charge relating to the repairs until they demonstrate the cause of the loss has been properly assessed. 

However, this risks escalating matters, including the possibility of the landlord bringing legal proceedings against you. 

Rather than withholding service charges, the more appropriate step is for you to apply to the First Tier Tribunal (Property Chamber) to determine the reasonableness of those charges. 

But bear in mind that the end result may be no different regarding your share of the repair costs.

Can the leaseholders take over the management? 

Mike Hansom replies: Moving forward, it is worth taking legal advice on whether your building qualifies for the Right to Manage, which would enable you to form a company with the other lessees and take over the landlord's management functions, including those relating to repair and insurance. 

If the building contains a non-residential element exceeding 25 per cent of the internal floor area, you will not qualify. 

This will increase to 50 per cent when the relevant parts of the new Leasehold and Freehold Reform Act 2024 come into force, expected in the next 12-24 months.

Does the council's involvement change anything? 

Mike Hansom replies: The fact the council has now got involved is good news because it is more likely now the landlord will undertake some works urgently to make the building safe, without the leaseholders having to compel it to do so with injunction proceedings. 

This is because the freeholder potentially commits a criminal offence if it fails to comply with a dangerous structure notice, as well as the local authority having the power to undertake limited work and recovering the cost. 

The power of the local authority will extend to making the building safe, rather than the subsequent work of reapplying render.