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

user1977

Are you being disturbed by noise from her flooring?

eddddy

Your lease specifies the 'rules' you must follow.

You're neighbour's lease specifies the 'rules' they must follow.

If both leases say carpet must be laid, then a leaseholder will be breaching their lease if they don't lay carpet.

But with your "shared freehold" set-up, if you don't both cooperate and voluntarily follow the rules, it's difficult to do anything about it.

gwynlas

Whilst it would be difficult to enforce on the ground floor flat, who might have original wood flooring, the stipulation of carpet for the upper flat is meant to deaden noise.
Unless this is a recent conversion built with sound insulation in mind be aware that it is very difficult to retro fit any meaningful sound barriers.
If there are only two flats in the building it is important to get on with your neighbours as you are mutually dependent on each other to care for the fabric of the building

NameUnavailable

Regardless of the flat being ground floor or upper floor, the lease is the key here. If the lease states carpets must be fitted then that's what must be fitted.

People ignore their leases and often fit laminate flooring and it's only an issue if a neighbour complains about noise. Wooden flooring on the flat below you is likely to still generate noise that carpet would absorb but if you had wooden flooring then the people under you are likely to hear every footstep you take!

Whilst you are both part freeholders of the building it doesn't alter that the lease terms must be adhered to (unless you both are happy to ignore) so you can potentially force your neighbour to replace the wooden flooring, as they could to you if you went ahead and fitted it.

Emmia

NameUnavailable said:

Regardless of the flat being ground floor or upper floor, the lease is the key here. If the lease states carpets must be fitted then that's what must be fitted.

People ignore their leases and often fit laminate flooring and it's only an issue if a neighbour complains about noise. Wooden flooring on the flat below you is likely to still generate noise that carpet would absorb but if you had wooden flooring then the people under you are likely to hear every footstep you take!

Whilst you are both part freeholders of the building it doesn't alter that the lease terms must be adhered to (unless you both are happy to ignore) so you can potentially force your neighbour to replace the wooden flooring, as they could to you if you went ahead and fitted it.

But in a share of freehold that means legal action against your fellow freeholder. This is going to be expensive and will do nothing for neighbourly relations..  which you'll need to declare if you sell.

If it's an issue raise it and fix it.

shinytop

Does the occupier of the GF own the place or are they renting?  If renting they'd have to get the landlord to take any action, which might be difficult.  

alwaysquestioning

shinytop said:

Does the occupier of the GF own the place or are they renting?  If renting they'd have to get the landlord to take any action, which might be difficult.  

GF own the place