Leasehold Carpet Clause

PastaLover123

We are looking to buy a leasehold property but have just been informed there is a "carpet clause". We would really like to have hardwood flooring instead and can't see any issues since there isn't a property below it. However, I'm wondering if anyone has had experience in convincing their leasehold landlord to allow them to remove the carpet if they've had a similar clause?

Advice from friends is that we could just install hardwood anyway since the landlord is unlikely to find out but this doesn't sit right with me since we'll have signed the agreement when we move in.

MattMattMattUK

https://forums.moneysavingexpert.com/discussion/6666395/leasehold-carpet-clause

It is not just about people below you, it is also people to the sides of you as well. The freeholder cannot easily offer a least variation, it would also create huge issues if someone else were to complain and leases are supposed to be fair, so in theory those above and to the sides of you could apply for the same and use your granting as separate.

If you install it your risk is quite large, if you get caught and the landlord decides to enforce, for example because someone to the side of you complains about the noise then you will be required to removing the hardwood flooring and refit carpet.

There is no benefit to the freeholder in granting this so it is highly unlikely that they will.

eddddy

PastaLover123 said

However, I'm wondering if anyone has had experience in convincing their leasehold landlord to allow them to remove the carpet if they've had a similar clause?

The freeholder/landlord is almost certainly unable to grant consent, even if they wanted to - because the lease probably doesn't give them the power to grant consent.

In simple terms, the lease probably says something to this effect:

• The leaseholder agrees to have carpets

and the lease probably doesn't say something like this:

• The leaseholder agrees to have carpets, unless the freeholder gives consent for some other floor covering

Changing the lease (i.e. a Lease variation) probably isn't possible either. In simple terms, every lease in the building probably says something like this:

• The leaseholder agrees to lay carpet
• The freeholder agrees to make sure that all the leases in the building have the same 'rules' (covenants)

So if your lease is changed (varied) to allow you to have a hard floor, every other lease in the building would have to be changed as well.

Firstly, all the leaseholders (and their mortgage lenders) would have to agree, and secondly the costs would be huge:

silvercar

You can now buy sound softening underlay for wooden floors. So the same effect to your neighbours as having a carpet.

WIAWSNB

Your options would appear to be to ask the neighbouring flats 'if they mind', and hope you get on with them, or to just go ahead.

For either of these, ensure a high level of acoustic underlay, and perimeter absorption (often cork/foam expansion strips are fitted in any case, but check.)

And then lay lots of rugs, and wear slippers…

QrizB

We are looking to buy a leasehold property but have just been informed there is a "carpet clause". We would really like to have hardwood flooring instead

Which is most important to you - this particular property, or hardwood floors?

If you want this property, you'll have to have carpets.

If you want hardwood floors, you'll need to find a different property.

TroubledTarts

https://forums.moneysavingexpert.com/discussion/comment/81983332#Comment_81983332

But that doesn't matter if it's banned in the leasehold.

You could completely sound proof the whole flat but it would still be not allowed.

Grumpy_chap

The OP should read the following thread that quite possibly relates to a flat dweller installing wooden flooring

https://forums.moneysavingexpert.com/discussion/6664922/noisy-neighbours

ExEstateAgent

When asking this question people often say 'but I'm ground floor' - hard flooring will deflect all noises and that includes upwards into the flat above you (as well as noted to flats to the sides if any).

HillStreetBlues

https://forums.moneysavingexpert.com/discussion/comment/81986494#Comment_81986494

Sometimes people are blinkered in their view when they want something.

WIAWSNB

In practice, PL123 would most likely get away with this, for the simple reason that no-one would either realise or care, as any additional noise would be either minimal or non-existent.

And the worst case scenario is that they'd have to carpet the flat if someone really tried to escalate this as a terminal breach of the lease. That, I think, would be a matter for the ManCo to consider, including whether the complaint was merely vexatious.

I suggest that is what the PL123 would need to consider should the flat otherwise be their dream home; this issue is easily overcomeable if needed.

If it's really important for the OP, they might even want to contact the ManCo in advance about this. They might be surprised.