11:39 AM, 16th May 2016, About 10 years ago 3
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I purchased a new purpose built flat 6 years ago. The lease states that the floors should be covered with wall to wall carpet or such alternative means of floor covering as approved by the manager whose approval should not be unreasonably withheld or delayed.
At the point of purchase the developers showroom was full of laminate examples and it was more or less a case of which laminate do you want rather than do you want laminate at all.
The freehold and management has now been transferred to new companies and while they have not yet accused me of breaching the lease this may happen as the owner of the flat below mine is complaining in a big way about impact noise from my tenants.
In the circumstances can I assume I had consent to have the laminate installed and that the consent is irrevocable as the developer was obviously aware of it as they sold it to me as they did to almost all the other leaseholders in the building?
Many thanks
Ray
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Member Since February 2011 - Comments: 3448 - Articles: 286
11:46 AM, 16th May 2016, About 10 years ago
Hi Ray,
I have seen laminate flooring cause issues for readers before, but it was never deliberately sold to them by the developer!
Logic would tell me that you have a pretty good defence, but I would check with the Leasehold Advisory service as well. See >> http://www.lease-advice.org/
Maybe a wee word with your tenants could head any issues off at the pass as well 🙂
Paul Tarry
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Member Since January 2015 - Comments: 41
21:03 PM, 17th May 2016, About 10 years ago
Slippers
I would issue slippers to the tenants and explain to them about potential noise issues
Nick Pope
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Member Since August 2013 - Comments: 179
11:57 AM, 21st May 2016, About 10 years ago
I agree that the management company would have a difficult job requiring you to carpet and that the developers agreement to supply laminate constitutes consent.
So far as the noise is concerned I agree that you should ask the tenants to keep it down. Is there a clause in the lease to them requiring them to cause no nuisance to neighbours and if so this should be pointed out to them but if there is still a problem the onus is on the person complaining to deal with them direct anyway.