Lease & flooring

lrb_2

Hiya,

I recently bought a Victorian flat and I am planning to do some work on it. I live on the ground floor but there is also a basement flat underneath. I was planning to insulate and restore the floor ( suspended floorboards) as I hate carpets.
The insulation is more for me as my downstairs neighbours are fairly noisy.
So my question is, will I break the conditions of my leasehold?

'.... and will adequately cover and keep covered all floors of the flat with good sound deadening carpet or other covering or underfelt so as to prevent disturbance or annoyance to the other lesses and occupiers of the building and will so far as necessary for the like purpose place and keep rubber insulators under the pianofortes, gramophones and wireless cabinet sewing machines and like articles....'

Many thanks,

Lx

G_M

A strict interpretation of the lease would appear to put you in breach.

However the clause was quite possibly inserted with the intention of deadening sound between flats, and possibly before the common use of insulation - so it could be argued you are complying with the intent of the clause.

Only way to be sure would be either
a) to go to court/be taken to court and have a judgement or
b) get a lawyer to research precedents (previous similar cases, if any)

An alternative would be to approach the freeholder/management company and request written permission. Having the owner of the downstairs lease support this request would add weight.

Having said all that (and I'm not a sound specialist!) walking on bare floordboards does produce a lot of sound in comparison to walking on carpet. Whether the insulation would counter-act this I do not know.

lrb_2

Thanks very much. I bought the freehold with the owners of the other flats, so I'll talk to them.
Thanks again for your advice.

Lx

propertyman

I am sorry to disagree but it would be ridiculous to say that you can strictly interpret the wording as only requiring carpeting.

good sound deadening carpet or other covering or underfelt

Other covering clearly allows other solutions than carpeting.
The issue is sound deadening, as carpet and any soft finish absorbs considerable airborne noise ( think of an empty room and then put carpets in it and how it changes in sound). Timber floors no matter how well insulated will absorb impact sounds directly above or below but they deflect airborne sounds into the walls and ceilings rather than muffle them.

You do not have to seek consent, a consent cannot be given as the obligation that you have is absolute and affirmative, ie you must do something. It is not conditional nor can it be waived without a clear variation in the leases between you and the freeholder.

However what you need to be prepared for is a complaint that the material you are putting in is not sound deadening and that you are in breach which you as freeholders will have to investigate.A discussion before hand with the neighbour and the contractor might allay their fears.

Your biggest problem is that floor boards are not suspended they are directly fixed into the joists and therefore would have t be taken up and relaid over an insulation that prevents the noise form transmitting through the board into the joist; that means altering doors skirtings etc...

Insulation between joists only stops the amplification in the hollow space.

And then you have to address that problem that there is then no "sound deadening covering".

As desirable as it is the clause in the lease is there fore a reason to protect others from noise in a building that was never designed to house several flats.
Carpets are a quick cheap way to me the building regs on noise insulation.

G_M

Yes and no.

My 'strict interpretation' was based on the use of the word "cover", "covering" and "covered" in the clause. Insulation below the floor would, strictly, not comply.

However I agree with everything you go on to say based on

The issue is sound deadening, ...

and hence my comments about the intent of the clause.

To go as far as saying:

You do not have to seek consent, a consent cannot be given as the obligation that you have is absolute and affirmative, ie you must do something.

is too unambiguous.
The "absolute" obligation IS clear -a covering.

Since you jointly share the freehold, and hopefully have a decent working relationship with the other feeholders, I would recommend discussing it. No need to formally alter the lease provided you all have no objections to this alternative means of 'sound deadening' and have some record of the agreement.

lrb_2

Thanks for the advice propertyman and G_M.
I think I'll avoid any potential problems. Seeing that carpet is not the only option I am now looking into alternative flooring (cork) which offers better sound insulation than carpet.
I am very quiet so adding underfloor insulation might do the trick but you are right about airborne noise. I am also concerned that even if I'm able to have wooden floor I might have problems in the future if I ever decide to rent or sell the flat.

Once I have decided on a floor I'll discuss it with my neighbours just to make sure everybody is happy with it.

Thanks again.

Lx

propertyman

You see the original boards can be seen as a covering but not while affixed to the current joists. The original intent of the clause is clear however the context has changed with material developments, and given the reluctance of courts and the LVT to enforce them, we propert men (and women) have to adjust our thinking from the obvious solution. Wood floors are the devils floorboards but they are here to stay.

There was a thread here a while back where the OP agreed that they wouldn't carpet but binned timber flooring in favour of a sheet flooring which is cushioned or as said cork. My local carpet contractor has timber vinyl sheeting that you really do take a second look at before realising it's not timber.

( even though Mrs Propertyman said that the fact it comes on huge cylinder should have been a clue )

lrb_2

Thanks for the tip! I'll check those flooring ideas.:)

Lx