Flooring

Ruby789 · 15 October 2016 at 4:41PM

Hi all,

I'm about to buy my first flat and have just seen the lease.

It says: maintain adequate close carpeting with underfelt or underlay throughout the demised premises or take such other steps in relation to the composition or covering of the floors of the premises as the lessor may reasonably deem adequate having regard to the peace and quiet of the occupants in the block or in accordance with any relevant building regulation".

It is currently carpeted. I want laminate, underlay (decimal reducing), and area rugs. According to what I can see on rightmove/zoopla, flats in that block all have laminate, except the one I'm buying. The survey says the floor is concrete (first floor, purpose built block, 1990's build).

So I think that the soundproofing underlay and rugs are adequate measures? And I don't wear shoes at home but would be considerate anyway.

Thoughts?

boliston · 15 October 2016 at 5:37PM

I think some leases actually make carpet compulsory so this one sounds a bit more flexible. Tenants need protecting against someone laying a really cheap and nasty laminate with the cheapest possible non-acoustic underlay and making life hell for those underneath.

Ruby789 · 15 October 2016 at 6:27PM

Thanks. It does sound a bit more flexible doesn't it. I certainly read it that way.

I don't want to annoy the flat below. When I was hunting, most of the flats were laminate. I assume this means that the newer underlay's on the market do a good job.

I've lived under flats with laminate and not heard much of anything. Perhaps I've been lucky.

G_M · 15 October 2016 at 6:47PM

You'll only find out if there's an issue if/when the people below complain.

If they don't complain, no one will know, or care, what flooring you have.

So long as you appreciate what you are getting into and understand that the asolute worst case would be a complaint, followed by an inflexible freeholder insisting you take some further action re flooring.

Ruby789 · 15 October 2016 at 6:59PM

Thanks. Would there be any point in asking the solicitor to check if the flooring I have in mind fits their definition of 'adequate'?

Even if it passes the adequate test, if the person below tells me its a problem then obviously i'll deal with their complaints. I don't want to make people miserable.

Onawingandaprayer · 15 October 2016 at 7:18PM

We're in EXACTLY the same situation and currently pondering just what to do. Our lease wording though isn't as generous as yours, and doesn't have an 'or'. However it's clearly written decades ago - pre-Sky dishes and stipulates that we're 'not to permit a person of unsound mind or a drunkard or one who leads an immoral life' into the premises. (which rather negates most of our friends...)

Any advice gratefully received (re the flooring, not the drunks etc.)

G_M · 15 October 2016 at 8:15PM

Ruby789 wrote: »

Thanks. Would there be any point in asking the solicitor to check if the flooring I have in mind fits their definition of 'adequate'?

Even if it passes the adequate test, if the person below tells me its a problem then obviously i'll deal with their complaints. I don't want to make people miserable.

Depending on the freeholder, or management company, you might
* get a quick reply within a week
* wait 1 month - 6 months for a reply
* never get a reply
* have to pay for a reply

The 'adequate' test might actually depend not on the specific floor covering, but on whether the person below complains or not!

davidmcn · 15 October 2016 at 8:33PM

I'm not entirely sure how to interpret that clause but I think it's arguable that it means (adding some numbering and spacing):

(1) maintain adequate close carpeting with underfelt or underlay throughout the demised premises or

(2) take such other steps in relation to the composition or covering of the floors of the premises:

(a) as the lessor may reasonably deem adequate having regard to the peace and quiet of the occupants in the block or

(b) in accordance with any relevant building regulation".

i.e. you don't need to seek consent as long as you're complying with building regulations (though I don't know what the relevant regulations require, and whether that means you need to adhere to current standards rather than those from whenever the flat was built).

Ruby789 · 15 October 2016 at 9:20PM

Onawingandaprayer wrote: »

stipulates that we're 'not to permit a person of unsound mind or a drunkard or one who leads an immoral life' into the premises. (which rather negates most of our friends....)

Haha. Have something similar in mine, but yours has perfect phrasing!

Ruby789 · 15 October 2016 at 9:36PM

Thanks for the tip about building regulations. I found something from 2003, but it doesn't reference floor coverings. Just the floor construction. I'll keep looking.

It sounds like I can have the floor I want as long as I make provisions to limit its impact on downstairs. Rugs, felt pads on the bottom of all furniture, and no shoes.

And the wording is vague enough that I shouldn't have the problem of being accused of breach of lease when I go to sell it.

Doozergirl · 16 October 2016 at 9:16AM

There are no building regulations for floor coverings, so I'd stop looking!

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Flooring

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