Leasehold breach - wooden flooring

User108

Hi all - would appreciate some advice. I'm in the process of buying a leasehold flat. The lease clearly states that all flooring should be in carpet. However the property has wooden flooring in the living room and hallways. My solicitor has asked the vendor for evidence of consent from the landlord but I suspect he did this without permission. If this is the case, what options do I have moving forward?

Thanks.

martinthebandit

Put carpet down when you move in?

User108

Presumably I'd have an argument to ask for a discount on the price given this extra cost?

bouicca21

Once the freeholder knows he/she may ask for those areas to be carpeted. In practice it's going to be a question of how many complaints there are about the noise.

HampshireH

Presumably I'd have an argument to ask for a discount on the price given this extra cost?

Probably.

I've never known anyone to ask for consent so its unlikely they will have it but fair play to them if they do.

User108

HampshireH wrote: »

Probably.

I've never known anyone to ask for consent so its unlikely they will have it but fair play to them if they do.

Ok. So there aren't legal issues for me in buying a property in which I know there is a breach of lease? For example, this doesn't automatically mean I am breaking the law or I am reneging on an agreement with my lender?

HampshireH

Well you would immediately be in breach of the lease yes.

If your intention is to remove it ans replace with carpet what more can you do to resolve it?

Alternatively you could ask for them to remove it before you buy. Doubt they will want the hassle but no harm in asking

SeasideSally

User108 wrote: »

Presumably I'd have an argument to ask for a discount on the price given this extra cost?

Would the property be worth less without the flooring? I doubt it.

The lease is there to protect other residents from noise nuisance. If there are no noise issues (eg. ground floor flat, where there are no neighbours below, or lots or rugs to deaden any impact noise), then there will be no complaints, and it's complaints that will lead to the freeholder getting disgruntled about a breach of the lease.

You could put down carpet immediately, or wait and see if there are complaints and then put down carpet if there is a problem.

User108

SeasideSally wrote: »

Would the property be worth less without the flooring? I doubt it.

The lease is there to protect other residents from noise nuisance. If there are no noise issues (eg. ground floor flat, where there are no neighbours below, or lots or rugs to deaden any impact noise), then there will be no complaints, and it's complaints that will lead to the freeholder getting disgruntled about a breach of the lease.

You could put down carpet immediately, or wait and see if there are complaints and then put down carpet if there is a problem.

The discount is more around the additional £1-2k cost (of laying down a new carpet) that I could be exposed to if the freeholder takes action against me. That extra risk, which I was not aware of until I saw the lease, should surely be built into the price. I guess ultimately it depends on both my risk aversion and whether the seller thinks this issue will arise for every prospective buyer or not.

User108

HampshireH wrote: »

Well you would immediately be in breach of the lease yes.

If your intention is to remove it ans replace with carpet what more can you do to resolve it?

Alternatively you could ask for them to remove it before you buy. Doubt they will want the hassle but no harm in asking

In theory I could ask them to get retrospective consent from the landlord. But my questions is am I doing anything illegal by buying a property that I know is in breach of a lease if I don't intend to replace the flooring with carpet?

davidmcn

You can ask, but the seller might wonder why they ought to pay for your nice new carpet which (for all they know) you might have been planning to buy anyway.

User108 wrote: »

my questions is am I doing anything illegal

It depends what you mean by "illegal". It's not a criminal offence, it's just something you ought to be doing under your lease and which the freeholder could potentially enforce.