Thoughts/advise needed

Thorson

We are currently in the process of buying a flat and have a mortgage in place all the Information pack etc and a contract to sign but have a slight problem.

In the the lease it states all rooms apart from the kitchen and bathroom need to be carpeted however the living room and hallway have laminate flooring.

Our solicitors have said not to sign the contract without either; confirmation of the seller's permission from the management company or retrospective consent for the flooring, as the management company can take legal action.

We spoken to our vendor who seems to think we are now delaying the process and are doing this as we don't like the flooring (which couldn't be more wrong, !if the flooring has to go I will be gutted as I really like it).

What would you do next? The vendor has said they will not negotiate and put carpet down (which we don't want anyway) but they have said the Issue is between us and them and our solicitor is being picky.

The other issue is we also have to sign a form from the management company to say we agree to not install wooden flooring without their permission, however looking at other flats in the block they also have laminate flooring too, so this isn't the only one.

Next steps we are thinking to ask our solicitor to resend the letter (sent recently) asking for either the vendors permission for the flooring or for the solicitor to start the ball rolling in obtaining retrospective consent and confirm the time frame and cost for this.

Does this sound reasonable, as we don't want to lose a flat over some flooring but also don't want to possibly face legal action by the management company.

Does anyone have any other suggestions?

Many thanks,
Thorson

glasgowdan

Can't you just buy the flat and put cheap carpets down if neighbour below moans? Sign the management company letter...if the laminate is already down then you're not installing wooden flooring.

Chanes

How long have they had the flooring fitted without anyone raising it as an issue? They have the legal right you mention but they may or may not choose to use it. And if others have hard flooring down they may take a relaxed view?

I don't know what you mean by legal action? If they do not want the hard flooring down you would have to lift it and carpet instead, I don't think they'd do more if you complied?

Thorson

It's ground floor so I don't think it will be an issue.

By legal action the form we have to sign states the management company will take legal action if we have wooden flooring without permission (I'm confused how I can sign to agree to this when the flooring is already in place and beaches the lease) and our solicitors have said if we sign contracts and the management company find out we have the flooring we are liable for any fines etc.

My main thing is getting the vendor to provide their permission or to obtain retrospective consent, they seem hesitate to do this which isn't giving us many options.

I'm even happy to pay some of the costs they incur to get the retrospective consent but they don't seem to want to budge and say we are being difficult but if you have been given legal advise from your solicitor not to sign your contract until this issue is resolved would you?

eddddy

How does the solicitor know about the laminate flooring?

You could just tell your solicitor that you want to proceed anyway - and that you will remove the laminate flooring after completion. (When you have time to get around to it!!!)

... But I don't know if that would be acceptable to your mortgage lender. On paper, alterations without the freeholder's consent is a breach of covenant - which might set alarm bells ringing for your lender.

And if challenged by the freeholder, you would have to lay carpets (or face legal action). And all this hassle may be repeated when you eventually re-sell.

Thorson

I think the flooring has been down 10 years roughly according to the vendor

Doozergirl

Legal action? What do you think the management company are going to do? Legal action is a last resort, not a catch-all.

Let's look at the worst case scenario. You move in without causing more headaches for yourself and the vendors. At some unknown point in the future, the management company tell you that your downstairs neighbour has complained about the noise coming from your flat as a result of your having laminate flooring.

You say oops, sorry, and put carpet down. The end.

Is that okay?

It's either acceptable to you that you don't wear shoes in the flat and run the small risk of a complaint. Or it's unacceptable because you must only have laminate (which, bear in mind, is just as likely to be antisocial in any flat) and therefore demand it in writing that it is okay with the managing company. Which it isn't because if the downstairs neighbour did complain, the management company would be between a rock and a hard place.

You just need to apply common sense. Your solicitor is being picky to some degree, but I suspect they were just warning you and asking for instruction. Sign the paper, you won't be installing any laminate or wood floor. It's already there and you knownyou'll put down carpet to be a good neighbour if necessary.

It's unlikely that they will give permission, but it unlikely that they will force you to remove it without complaints.

Just get on with it. I'd be ripping my hair out or the flooring up if I were your vendor. You knownthey're not moving because of a laminate floor issue, therefore it is pretty inconsequential.

Thorson

The solicitor know about the flooring due to picture in our buyers report.

I'm just trying to resolve the situation with the least amount of hassle to all involved and to me the retrospective consent is the best way forward, but how can I get the vendor to start the process on this without annoying them as it has to be dealt with by their solicitor contacting the management company.

Doozergirl

Thorson wrote: »

The solicitor know about the flooring due to picture in our buyers report.

I'm just trying to resolve the situation with the least amount of hassle to all involved and to me the retrospective consent is the best way forward, but how can I get the vendor to start the process on this without annoying them as it has to be dealt with by their solicitor contacting the management company.

Not only is it the most hassle, not the least hassle, no one with half a brain is going to give that consent. You'll also be waving a red flag at the managing agents about the existing floor.

What happens if they give consent, the existing neighbour downstairs moves out and one with supersensitive hearing moves in and complains? No one has anywhere to go. They need to hold that clause in reserve, *just in case*.

As long as there is no noise problem, there is no problem. Just be a mindful neighbour.
I think you're making mountains out of molehills.

Thorson

Well I have been told they can impose fines if the terms are breached on the lease, maybe our solicitors are picky but being a ftb I'm just not sure on what to do.

We are ground floor so hopefully should have any noise problems really my main issue is signing a legal contract that I am already breaching with the terms of the lease.

Thorson

Thanks for all your replies so far, I appreciate you all taking the time