Leasehold breach - wooden flooring

User108

davidmcn wrote: »

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.

I get that point of view. Although I would not change the flooring if I had the choice - it looks nice in wood. So the issue for me is a genuine risk of £1-2k additional cost that's out of my control but could be enforced.

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.

Ok that's helpful thanks. So I shouldn't expect my solicitor to tell me that they can only press ahead with the purchase if the seller either gets consent or replaces the carpet before completion?

davidmcn

User108 wrote: »

So I shouldn't expect my solicitor to tell me that they can only press ahead with the purchase if the seller either gets consent or replaces the carpet before completion?

Your solicitors themselves won't care, but they may advise your lender that there's a problem, in which case your lender might not want to complete until it's been sorted one way or another.

m0bov

If there is a breach of lease then unless its rectified or an indemnity purchased, it would not be mortgageable.

HampshireH

2k to carpet the hall and 1 room? Thats some good carpet.

I don't think you will get very far with the seller but as I said no harm in asking. They may surprise you.

Is this laminate written down anywhere? Are they being asked to confirm laminate specifically is staying?

How would your solicitor or lender know its there? If your fittings/fixtures list states "flooring" no one would be any the wiser. (Obviously if it states laminate then thats different)

User108

m0bov wrote: »

If there is a breach of lease then unless its rectified or an indemnity purchased, it would not be mortgageable.

I see...hopefully the insurance isn't expensive.

User108

HampshireH wrote: »

2k to carpet the hall and 1 room? Thats some good carpet.

I don't think you will get very far with the seller but as I said no harm in asking. They may surprise you.

Is this laminate written down anywhere? Are they being asked to confirm laminate specifically is staying?

How would your solicitor or lender know its there? If your fittings/fixtures list states "flooring" no one would be any the wiser. (Obviously if it states laminate then thats different)

No it's not written. I informed my solicitors that there was wooden flooring but the lease does not allow it. I'm a FTB so wasn't sure if there was a risk of proceeding without informing my solicitor. Perhaps that wasn't the optimal thing to do as someone mentioned above, they now have a duty to inform the lenders.

davidmcn

m0bov wrote: »

If there is a breach of lease then unless its rectified or an indemnity purchased, it would not be mortgageable.

I wouldn't go as far as "unmortgageable". There's a risk that someone might require them to put down some carpet. So it might mean the value is affected by whatever some cheap carpet would cost.

User108

davidmcn wrote: »

I wouldn't go as far as "unmortgageable". There's a risk that someone might require them to put down some carpet. So it might mean the value is affected by whatever some cheap carpet would cost.

That's a relief!

AlexMac

Don't panic.

Every lease I've ever seen has this carpet clause.

A fair proportion of the flats in the UK have laminate, engineered wood or similar floors.

I've never heard of any enforcement action by a freeholder, let alone a lender.

Just wear slippers or soft shoes, not clogs or hobnails, and the downstairs neighbours will neither know nor care

User108

Ok that's reassuring! So do you think there's a chance that my lender will still approve the mortgage even if the seller doesn't have evidence of consent for installing wooden flooring?