Thoughts/advise needed

eddddy

Thorson wrote: »

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.

It may be an impossible to get permission.

It's quite likely that every lease has the following two covenants:

- The leaseholder covenants that carpet will be laid
- The freeholder covenants that all leases will have the same covenants

So, essentially, in order to vary your lease to give you permission for laminate floors, everyone else's lease has to be varied at the same time. And all the leaseholders must agree to this first. And nobody would undertake such a big task for such a minor matter.


So if the sellers ask for permission, the likely result is they will be told "no". Which is probably why they don't want to ask.

Thorson

Thanks eddddy that's helped me see how it would work if we asked for permission.

The other thing is other flats that have been sold recently in the other neighbouring block also have laminate flooring so it's not just ours and some of them are not ground floor either so I'm assuming those flats will have the same problem too.

I'm just uneasy with the situation that's all the management company could find out and I suppose their first course of action would be to remove the flooring before anything else.

Doozergirl

Removing any flooring would be your responsibility.

I really think whole thing is moot if you are ground floor. The only person that might have a problem is you with upstairs' flooring!

sniggings

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.

Sign the form, if any hassle put carpet down.


It's not as hard as you are making it, it' s flooring not really a hanging matter.


And no they can't fine you unless you sign a form agreeing to them fining you.

And Doozergirl makes a good point, I would be more concerned about upstairs having laminate down!

Hoploz

Recent thread here:
https://forums.moneysavingexpert.com/discussion/5498266

I think it's extremely unlikely to happen, but is apparently possible.
Fact remains, worst case scenario is they ask you, and everyone else, to remove it, so you do.

bouicca21

I don't understand the concept of fines by the management company. I think it is extremely unlikely that there is a clause in the lease that empowers them to issue fines.

They would be able to take action to enforce but as others have said as soon as they kick up a fuss you put carpet down. End of.