Laminate floor in a flat

[Frustration]

We own a first floor flat in a block apartment. The stupid neighbour upstair put down laminate floor and for us it is now a nightmare. He is not allowed by the lease which states that only carpet can cover the surface apart from kitcken amd bathroom. We had an argument which broke any relationship. We want him to remove the laminate floor and replace it with carpet as it was originally. We complained throught the menagment saying they need to proceede through a solicitor, but they are trying to avoid it saying that a court case would take ages and that nothig can be actually done to rip his floor off. They also say that such a dispite would affect us when it would come to sell the flat. I find it really unfair...any idea on what we could do? Many thanks

 

[dazlight]

Selfish people will not reason I'd say
But they could of had regupol laid under the laminate and underlay which would of helped with impact sound

 

[zenonithus]

I'm on a top floor flat and want to put down laminate flooring in the hall and living room. In the lease it states that carpet must cover the floor but my partner is allergic to dust mites so too much carpet is not good. However I will put a carpet over the areas I walk on and I never walk around the flat in shoes but soft slippers. Maybe you can suggest they at least cover up with a top carpet? Do they walk around in loud shoes?

 

[JohnD]

A cushion vinyl is easy to clean, and doesn't clatter as badly as laminate.

 

[Frustration]

It is not about shoes..i can clearly hear their telly their voice..when they drop something is like it has been dropped in my flat. Not to talk when they move chairs..It is the echo the main problem..so you are not solving the problem lying a rug. The thing is that when you are going to sell the flat your solicitor will be informed by the menagment that your floors are not as they should be according to the lease..so you will not be able to sell the flat unless you recarpet it. Also, according to what I have been reading about (but still waiting for a solicitor opinion) if the lender is informed by the menagment of the fact that you are breaching the lease, they could withdrown your mortage.

 

[motorbiking]

What is the relationship between landlord and management company? What are their obligations to you to enforce the terms of the lease? You aren't in dispute with the other lease holder you are asking for the lease to be enforced. Somebody somewhere has a contractual obligation to do this. Ultimately a breach of the terms of the lease can result in eviction

 

[^woody^]

Claim under Nuisance law against the landlord. No cost (if via the council) or very cheap if via private means (no Solicitor required) and very quick - within three days once you have the evidence and lay the case before the Magistrates.

 

[motorbiking]

A claim under the above is against the guy in the property above, not the landlord. You may still have a claim against the Landlord, but that would be based on the covenants in the lease (i.e. the specific wording).

 

[Doggit]

Assuming your neighbour owns his property, then you'd apply to the freeholder to enforce the covenant regarding the floor covering. It'll depend on the relationship between the freeholder and the management company as to whether they would get involved, but they should at least approach the neighbours, and point out the offence.

As it's a noise problem, it also come under environmental health department, or, as there's no music involved, the police. It'll get classified as antisocial behaviour, as any noise they make should be contained within their flat.

 

[^woody^]

A claim under the above is against the guy in the property above, not the landlord. You may still have a claim against the Landlord, but that would be based on the covenants in the lease (i.e. the specific wording).

The claim is against the building owner, who has the power and responsibility to abate the nuisance. Specifically, that the structure is deficient, or that he is otherwise allowing or permitting the nuisance to continue.

 

[Frustration]

We all own a share of free hold..

 

[^woody^]

Then you claim directly against the neighbour as he is effectively the landlord as he is the person in control of the flat with the means and authority to deal with the nuisance.

Your management company is of no use, but you need to review the terms of your contact with them if they have no use or are not managing in accordance with your [the freeholders] instructions.

 

[Frustration]

It Makes sense..thanks every one for their comments. I will let you know what it is going to happen next!

 

[motorbiking]

Unless, as the case may be, either of the following paragraphs applies, the tenant's covenants in a bipartite lease can only be enforced by the landlord and the landlord is not under any obligation to enforce the covenants at the instance of a third party.

Some leases provide that some covenants are made not only with the landlord but also with the other tenants in a defined building. Such covenants would typically include covenants intended to be for the benefit of other tenants. So, if your lease contains a covenant by the tenant with both the landlord and the other tenants to do or refrain from doing certain things and they include something relevant, you have the standing to sue the chap above without reference to the landlord. "Something relevant" would be any one or more of the following:
(a) a covenant to keep the floors covered with carpet or other sound deadening material
(b) a covenant not to make excessive noise
(c) a covenant not to cause a nuisance or annoyance to other tenants.

Some leases provide that the landlord (this also may be something in the terms of service with the management company) will at the request of the tenant enforce the tenant's covenants contained in the leases of other units in a defined building. The provision is often qualified by requiring the tenant to provide security for costs and/or requiring assessment of the chances of success.

Absent of the above, you can fall back on the law of tort and sue for nuisance. The chances of success are perhaps lower than where suing for a breach of covenant relying on a well-drafted clause as it is necessary to show that the activity complained of is continuous, substantial and unreasonable.

In summary, you start with the covenants and you fall back on Environmental Protection Act 1990 and nuisance tort. As you can see Woody and I aren't quite in agreement (I don't think what you describe is bad enough yet to make a case under the Environmental Protection Act 1990), but this is probably a low cost option. It may be worth getting a solicitor to review the terms of your lease to advise - should cost less than £200

 

[wessex101]

I vaguely remember reading something about that standard lease clause on floor coverings is actually unenforceable. I seem to recall someone took their upstairs neighbour to court and lost or only received nominal damages and the neighbour got to keep their timber floor, but I do not have the details. Might be worth doing some research though.