A lease regulation

wherestheremote

The property is a 1st floor maisonette on top of a ground floor flat. It has wooden flooring with soundproofing material underneath and the stairs are carpeted. 

1. Does the above mean that I need to change all the flooring to carpet? 

2. Could the current wood flooring with soundproofing quality ?

greatcrested

If the current ocupants of the flat below have not complained, and continue to not complain, there is no problem.

If they do complain (directly to you), then simply in the interests of being a good neighbour you might consider taking steps to further soundproof the flat.

If it went legal ie they complained to the freeholder on the grounds you were breaching the lease terms, then the freeholder (or ultimately a court) would consider whether the 'soundproofing material' beneath the wooden flooring was or was not "providing the same level of sound protection" as " good quality carpet and underlay".

wherestheremote

greatcrested said:

If the current ocupants of the flat below have not complained, and continue to not complain, there is no problem.

If they do complain (directly to you), then simply in the interests of being a good neighbour you might consider taking steps to further soundproof the flat.

If it went legal ie they complained to the freeholder on the grounds you were breaching the lease terms, then the freeholder (or ultimately a court) would consider whether the 'soundproofing material' beneath the wooden flooring was or was not "providing the same level of sound protection" as " good quality carpet and underlay".

Thanks for your reply. 

I do not know if the occupants downstairs have ever complained because surely a vendor will not be entirely honest in order to avoid losing a sale. I understand that there is no obligation to reveal any minor disputes. 

I worry that if the occupants downstairs are sensitive or do not take a liking to new people moving in, they can complain and then basically force us to spend thousands to change all the flooring to carpet. 

AdrianC

wherestheremote said:

“ Not to live in the Property unless all floors are covered in good quality carpet and underlay or such other equivalent sound deadening/absorbing material providing the same level of sound protection for the benefit of the Other Flat Owner and or occupiers of the flat comprised in the Other Lease”

The property is a 1st floor maisonette on top of a ground floor flat. It has wooden flooring with soundproofing material underneath and the stairs are carpeted. 

1. Does the above mean that I need to change all the flooring to carpet? 

Unless you want to be in breach of the lease, yes.

2. Could the current wood flooring with soundproofing quality as “ such other equivalent sound deadening/absorbing material” ?

It could be. But it probably isn't, so the vendors are probably already in breach of it.

greatcrested

Well add that to the list of questions to ask the neghbours when you speak to them.

You are going to find out more about them before commiting to a multi-hundred-thousand pound purchase yes?

wherestheremote

AdrianC said:

wherestheremote said:

“ Not to live in the Property unless all floors are covered in good quality carpet and underlay or such other equivalent sound deadening/absorbing material providing the same level of sound protection for the benefit of the Other Flat Owner and or occupiers of the flat comprised in the Other Lease”

The property is a 1st floor maisonette on top of a ground floor flat. It has wooden flooring with soundproofing material underneath and the stairs are carpeted. 

1. Does the above mean that I need to change all the flooring to carpet? 

Unless you want to be in breach of the lease, yes.

2. Could the current wood flooring with soundproofing quality as “ such other equivalent sound deadening/absorbing material” ?

It could be. But it probably isn't, so the vendors are probably already in breach of it.

This is a regulation in a brand new lease which has been extended. I assume if the vendors were breaching the lease, it would have been addressed or mentioned to us?

Is this something worth pulling out of a sale for?

wherestheremote

greatcrested said:

Well add that to the list of questions to ask the neghbours when you speak to them.

You are going to find out more about them before commiting to a multi-hundred-thousand pound purchase yes?

I know nothing else apart from basic information. Any suggestions on how people usually find out more about their neighbours? We did try to knock twice during viewings but there was no answer. Is it common for buyers to speak to the neighbours before agreeing to the purchase?

AdrianC

wherestheremote said:

AdrianC said:

wherestheremote said:

“ Not to live in the Property unless all floors are covered in good quality carpet and underlay or such other equivalent sound deadening/absorbing material providing the same level of sound protection for the benefit of the Other Flat Owner and or occupiers of the flat comprised in the Other Lease”

The property is a 1st floor maisonette on top of a ground floor flat. It has wooden flooring with soundproofing material underneath and the stairs are carpeted. 

1. Does the above mean that I need to change all the flooring to carpet? 

Unless you want to be in breach of the lease, yes.

2. Could the current wood flooring with soundproofing quality as “ such other equivalent sound deadening/absorbing material” ?

It could be. But it probably isn't, so the vendors are probably already in breach of it.

This is a regulation in a brand new lease which has been extended. I assume if the vendors were breaching the lease, it would have been addressed or mentioned to us?

The laminate hardly came as a surprise to you, did it?

Leases normally have similar clauses, for fairly obvious reasons - and I'd lay odds it did prior to the extension.

Is this something worth pulling out of a sale for?

You tell us whether you think the price of a carpet is enough for you to walk.

wherestheremote

AdrianC said:

wherestheremote said:

AdrianC said:

wherestheremote said:

“ Not to live in the Property unless all floors are covered in good quality carpet and underlay or such other equivalent sound deadening/absorbing material providing the same level of sound protection for the benefit of the Other Flat Owner and or occupiers of the flat comprised in the Other Lease”

The property is a 1st floor maisonette on top of a ground floor flat. It has wooden flooring with soundproofing material underneath and the stairs are carpeted. 

1. Does the above mean that I need to change all the flooring to carpet? 

Unless you want to be in breach of the lease, yes.

2. Could the current wood flooring with soundproofing quality as “ such other equivalent sound deadening/absorbing material” ?

It could be. But it probably isn't, so the vendors are probably already in breach of it.

This is a regulation in a brand new lease which has been extended. I assume if the vendors were breaching the lease, it would have been addressed or mentioned to us?

The laminate hardly came as a surprise to you, did it?

Leases normally have similar clauses, for fairly obvious reasons - and I'd lay odds it did prior to the extension.

Is this something worth pulling out of a sale for?

You tell us whether you think the price of a carpet is enough for you to walk.

Are you referring to laminate flooring? The flooring is not laminate. It’s real wood flooring with soundproofing. This specific regulation was not in the original lease before the extension, so yes it is a surprise.  

eddddy

wherestheremote said:

This is a regulation in a brand new lease which has been extended. I assume if the vendors were breaching the lease, it would have been addressed or mentioned to us?

Who do you think would have addressed it or mentioned it to you?

Anyway, I expect that the vendors would argue that they are not breaching the lease.

So if you buy the property and somebody complains, you'll have to argue that you're not breaching the lease - and see if you win or lose the argument.

wherestheremote

eddddy said:

wherestheremote said:

This is a regulation in a brand new lease which has been extended. I assume if the vendors were breaching the lease, it would have been addressed or mentioned to us?

Who do you think would have addressed it or mentioned it to you?

Anyway, I expect that the vendors would argue that they are not breaching the lease.

So if you buy the property and somebody complains, you'll have to argue that you're not breaching the lease - and see if you win or lose the argument.

I would have to argue in court? Who would determine the outcome?