Lease Covenants Discrimination?

by Readers Question

9:33 AM, 13th September 2016
About 4 years ago

Lease Covenants Discrimination?

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Lease Covenants Discrimination?

I have been told by the Directors that I am breaking the terms of my lease by having Laminate/wooden floor instead of carpet and sub-letting the flat out. Discrimination

However I have found 6 instances from recent flat sales in the same block that have wooden flooring and I have also identified other landlords in the premises. I have highlighted this and have been told that some of the flats with wooden flooring are ground floor flats so it doesn’t impact anyone.

How can they apply the terms of the lease to me and not to the rest? Appreciate I am breaking the terms, but then so is everyone else.

Have the Directors got a leg to stand on if they take me to court for not complying. I am collecting property particulars from Rightmove showing the flats with wooden flooring and details of other landlords.

Any advice or guidance in this matter would be appreciated

Yusuf


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Comments

Nick Pope

8:44 AM, 18th September 2016
About 4 years ago

My experience of leases over many years in estate agency and in letting is that they are drafted to cover every eventuality and to allow a management company to take action if one occupier is causing a nuisance. In my time in the business the length of long leases on flats etc. has increased from a few (5 or 6) pages to as many as 30+. This is because a simple term such as "Not to cause a nuisance to other residents" has turned into pages of do's and don'ts. This of course results in occupiers coming up with exceptions which can't be dealt with as they are not in the lease.
For example many leases specify no pets. If you have a dog that barks all day and leaves little presents in the communal gardens it can be dealt with. If however you have a goldfish it is not likely to make much noise or cause anyone distress and so even if the management company is aware it usually has the option to ignore it even if another occupier is simply being officious for the sake and insists on action.
I would be surprised if you could force the management company to act against the occupiers of the ground floor flats as there is no effect on any other person in the building.

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