Wood Flooring in Apartment (lease states carpet)

lersince1991_2

Hi,

I was hoping to get some help with an issue of putting wood flooring into our second floor apartment which we have recently purchased.

The current flooring is mainly carpet covering the living area, the two bedrooms, circulation areas and the two bathrooms, combined with tiles within the kitchen area.

We would like to replace all of the flooring within the apartment with high quality timber flooring along with a high quality underlay. This will create a seemingly more spacious, atheistically pleasing and cleaner flat with less maintenance. We have seen a similar finish achieved within a similar neighbouring property (but not the same design).

Given the importance of the floor to us, I previously checked this with the estate agents prior to any offer on the property which I was informed it was ok.

However once we received a copy of the lease I read this;
"3.(5) To arrange for the floor of each room (except the kitchen and bathroom) and also the hall and other parts of the Demised Premises to be fitted with suitable close fitted carpets and underlay and to renew the same when necessary any fixing for carpet to be secured with adhesive and neither nails pins nor screws to be fixed into floors or screeds”

I informed our solicitors that this was not ok and they tried to get permission to change it. April 2015 - Solicitors have written to the management company 'RMG', the freeholder 'Permission Homes', and the acting landlord 'Home Ground' (landlord is Abacus Land GR1). To date, none have replied (nearly 4 months later).

I was advised to contact them myself and write to 'Home Ground', which I did on 21st June 2015 and received an automated reply stating they will get back to me within 3-5 days. I did not receive any reply and so I followed it up on the 7th July. Still no response. There is no other means of contact with the company.

I realise there won't be any issues whilst living there if we fitted the floor unless there are noise complaints and inspections. However there might be an issue when we come to sell in 3-4 years and we don't want any issues!

We are now very frustrated and have made every effort to contact these companies we have not had a single reply from any of them. I am now thinking of sending a final letter to all companies explaining that we have made every effort to make contact and we will proceed unless told otherwise within 14 days.

Where do we stand with this and what can we do?

PasturesNew

If you put wood in, expect complaints. Have you ever lived underneath a wood floor in a flat that's supposed to have carpet? It's like a herd of elephants stampeding across when upstairs are simply walking in the front door.

Cornucopia

Although it would be nice for them to contact you, the situation is pretty clear: the Lease requires carpet. Presumably it is like that for a reason, and that reason is not going to change just because you ask.

The issue is that builders have a choice of ways in which to construct a floor/ceiling combination. The cheapest/simplest option is simply an air-void, which then requires soft floor coverings to be used on the floor above.

sniggings

If I write to you and say all your money is mine unless you reply within 14 days doesn't make it so.

As you say, if you get complaints, and chances are you will, it will have to come up, if no complaint's, it's hardly a big deal removing it when you leave.

maninthestreet

So, assuming you are not on the ground floor, have you informed the occupants of the apartment directly below yours of your intentions?

elliot341

Surely your issue is with the estate agents advising you it would be fine to change? Did you get this in writing from the agents?

Norman_Castle

"3.(5) To arrange for the floor of each room (except the kitchen and bathroom) and also the hall and other parts of the Demised Premises to be fitted with suitable close fitted carpets and underlay and to renew the same when necessary any fixing for carpet to be secured with adhesive and neither nails pins nor screws to be fixed into floors or screeds”

This doesn't say you can't put a wooden floor on top of the carpet and underlay.

cherylsurrey

I know this is not what you want to hear but,


These clauses are put in for very good reason, the noise to the people below you will be hell, and I say this from experience of a neighbour installing a quality laminate floor with underlay. Every step, every time they moved a chair we heard it all, it was deafening.


If you wanted a wooden floor, you shouldn't have moved in to a flat I am afraid, as this is a normal clause in most leaseholds.

cattie

The clause in the lease banning wooden floors is standard in flats.

It's a waste of time blaming the ea as they don't get sight of the lease, let alone read it. As a buyer it's your responsibility to ask your solicitor to check your lease & ask him to pay close attention to any particular areas of particular concern to you.

As others have mentioned, living below somebody with a wooden floor can be absolute hell.

HappyMJ

I live in a flat with laminate flooring. I rarely hear the neighbours and I'm assuming all the flats have laminate flooring. You'll need top quality underlay to reduce noise but the issue really is with your lease. The condition to lay carpet might be with the design of the building. As has been said the ceiling/floor gap may just be a simple air gap and installing laminates might cause far too much noise. How about wood effect vinyl flooring with a decent underlay. That might be a bit quieter than wooden flooring.

deejaybee

Been pondering this question myself as I live in a top floor flat, will have to dig the lease info out, but from memory same/similar conditions to OP.

When we moved in all the flooring was thin crap beige foam-backed carpet, apart from kitchen which was vinyl. It must have been the original stuff from when block was built about a dozen years ago.

So far have replaced carpet in ensuite & bathroom with Karndean, and replaced carpet in one bedroom with decent carpet and tredaire dreamwalk underlay.

I was planning on replacing Hallway carpet and kitchen vinyl with Quickstep laminate ( with underlay of course )

Now wondering if I will get any grief if I do, pretty sure the bloke that lives under us has laminate in his hallway - will ask next time I see him..

That's the only cause for concern really as other bedroom and living room carpet will be replaced by decent carpet and good underlay.