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Unfortunately, many leaseholders undertake works within their flat which are often in breach of the terms of their leases. One common breach, is the removal of carpets and installation of wooden floors.
In accordance with the terms of many leases, carpets must be laid in all areas except for the kitchen and bathroom, unless otherwise approved by the landlord.
If no such consent has been granted, you could be currently in Breach of Lease. The implications of being in Breach of Lease are serious and can ultimately lead to forfeiture of your flat. Patently, we all don’t want this matter to be escalated that far!
Under the lease terms, when requested to do so, the Landlord is required to enforce the lease terms, which here means resolving the problem with your flat and the unauthorised installation of wooden floors.
As an interim measure, many landlords will request that you immediately lay down rugs, hall runners, etc. so that the noise coming from your flat will hopefully be reduced significantly. The problem with wooden floors is that in addition to the sound of shoes walking on the floor, all noises including normal talking, music, mobile phones ringing, etc. is amplified. Some landlords or Boards of Directors may be content with this. If, however, your neighbours or landlord persists, you will have only two options available:
In light of current fashion trends and also health related reasons, applications received by the landlord will generally be granted, subject to conditions. These conditions will be that (a) you will need to install beneath your wooden floors a special acoustic underlay which the landlord will be able to provide further guidance on and (b) the landlord will reserve the right to rescind the consent and require you to relay underlay and carpet (at your expense). The circumstances whereby permissions will be rescinded will be where justified (to be determined by the landlord) complaints about noise are received.
As consent may be reversed at the Freeholders’ discretion, if your property is rented, it might be wiser not to go to this additional expense. You will not be in full control of the behaviour of your tenants, and if complaints are received, you could be instructed to remove the wooden flooring and re-install carpeting.
Obviously all leases are different as are Freeholders and Boards. Hopefully this article helps you reach an agreement that is practical, acceptable and legal!
Michael Yun is Director of Client Relations at Trust Property Management Ltd