Breach of deed of covenant - carpets

Flooxx

I have just sold my leasehold flat. On the enquiries it has been pointed out to me that there is a covenant stating the flat needs to be carpeted. When I moved in 5 years ago I pulled up the carpet and put down a laminate floor (yes I know I should have read the lease but I didnt think to check). 

Now my question is, if I replace the floor with carpet now will that be acceptable?
im speaking with my solicitors tomorrow as it is Sunday night currently. 

eddddy

Flooxx said:

I have just sold my leasehold flat. 

Just to clarify - I guess you mean you've accepted an offer, so the conveyancing process is happening, and you're concerned that the carpet issue will be raised during conveyancing.

If so, your options include...

• Explain the situation to the buyer, and say that you will lay carpet before completion. (And you can even ask the buyer what carpet they would like.)

• Explain the situation to the buyer, and if they like the laminate floor, they can leave it - but they need to be aware that if anyone complains to the freeholder, they might end up having to lay carpet. And explain that nobody has complained in the last 5 years. (But their mortgage lender might ask for indemnity insurance)

It's probably best to discuss this with the buyer before doing anything. If they liked the laminate floor when they viewed (even though it's breaching a covenant), they might be annoyed if you replace it with carpet. Especially if they don't like your choice of carpet.

Flooxx

Thank you that’s a really helpful answer. So basically my solicitor emailed me this evening with the enquires and one of them is specifically relating to the carpet clause. I feel very stupid as it’s my mistake but I just need to move on and fix the problem.
I think you’re right, I need to liaise with the buyer.