Carpet Requirement in a Share of Freehold: Does It Apply to Both Flats?

alwaysquestioning

I am in the process of purchasing a flat in a share of freehold house, which consists of two flats (a ground floor and a top floor).

Both the leases state:

“Carpets and floor coverings
The Tenant must cover the floors of the Property (except in the kitchen and bathroom) with carpets throughout or with such other appropriate floor coverings as may be required to deaden sound in the Property.”

1. This clause applies to both flats, without specifying whether it refers only to the top or ground floor. Based on this, I assume that both flats must comply with the same requirement, is it right?
2. Does this mean that if the ground floor flat has wooden flooring, the top floor should also be allowed to have wooden flooring?
3. Additionally, if the ground floor flat does not have carpets, would they still have grounds to take legal action against the top floor flat for not having carpets?

I would be grateful for your insights on this matter.

user1977

Not sure I understand your question - if you have both leases, and the clause is the same in both, then it has the same effect in both.

In any event, why are you asking? Is one or both of the flats in breach of the clause?

grumpy_codger

I think the question is whether the ground floor flat without carpets can force the first floor one, making noise, to have carpets.

alwaysquestioning

user1977 said:

Not sure I understand your question - if you have both leases, and the clause is the same in both, then it has the same effect in both.

In any event, why are you asking? Is one or both of the flats in breach of the clause?

The tenant on the ground floor says that I can't remove the carpet because there is this "rule" in our lease.

but the tenant on the ground floor doesn't have the carpet, but wood flooring; so I am not sure if she realises that the rule is for both of us and not just me.

Can I reply to her by saying that if I have to keep the carpet, then she should be required to have carpet in her unit as well?

I’m not from the UK, so I’m not entirely sure how these matters are typically handled. I understand the importance of maintaining a good relationship since we both share the freehold 50/50. I just want to better understand how the lease applies in this case

DullGreyGuy

alwaysquestioning said:

user1977 said:

Not sure I understand your question - if you have both leases, and the clause is the same in both, then it has the same effect in both.

In any event, why are you asking? Is one or both of the flats in breach of the clause?

The tenant on the ground floor says that I can't remove the carpet because there is this "rule" in our lease.

but the tenant on the ground floor doesn't have the carpet, but wood flooring; so I am not sure if she realises that the rule is for both of us and not just me.

Can I reply to her by saying that if I have to keep the carpet, then she should be required to have carpet in her unit as well?

I’m not from the UK, so I’m not entirely sure how these matters are typically handled. I understand the importance of maintaining a good relationship since we both share the freehold 50/50. I just want to better understand how the lease applies in this case

Have you read their lease? It's possible that the two leases are different and only yours has the carpet requirement. 

Two wrongs dont make a right, just because one tenant breaches their lease doesn't mean the other can too however given you are also the freeholders makes matters slightly easier. 

bouicca21

Presumably the flooring in the ground floor flat meets the requirement by having ´such other appropriate floor coverings as may be required to deaden sound in the Property.´  Wood flooring in a ground floor flat is unlikely to create noise and nuisance.  Wood flooring in an upstairs flat OTH is likely to transmit noise and annoy the hell out of the downstairs neighbour.

Emmia

The wooden floors on the ground floor wouldn't echo as much as those on the first floor... But if you want wooden flooring then I think it would be courteous to ensure it's as well insulated as possible.

kimwp

I think "as may be required to deaden noise" is the key here. A wooden floor in the upper flat will create more noise for the lower flat than vice versa.

SiliconChip

If you want hard flooring rather than carpets in a flat that you purchase then I suggest you buy a different one to the one you have described here, where you will be in breach of the lease if you don't have carpets.

alwaysquestioning

DullGreyGuy said:

alwaysquestioning said:

user1977 said:

Not sure I understand your question - if you have both leases, and the clause is the same in both, then it has the same effect in both.

In any event, why are you asking? Is one or both of the flats in breach of the clause?

The tenant on the ground floor says that I can't remove the carpet because there is this "rule" in our lease.

but the tenant on the ground floor doesn't have the carpet, but wood flooring; so I am not sure if she realises that the rule is for both of us and not just me.

Can I reply to her by saying that if I have to keep the carpet, then she should be required to have carpet in her unit as well?

I’m not from the UK, so I’m not entirely sure how these matters are typically handled. I understand the importance of maintaining a good relationship since we both share the freehold 50/50. I just want to better understand how the lease applies in this case

Have you read their lease? It's possible that the two leases are different and only yours has the carpet requirement. 

Two wrongs dont make a right, just because one tenant breaches their lease doesn't mean the other can too however given you are also the freeholders makes matters slightly easier. 

yes I read their lease, it has the exact same wording 

kimwp

Have you looked into options for underlayers to go under the wooden flooring to deaden the noise?