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Nicola-mod
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Category: Law
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hello - i recently bought a flat in london, a property

Customer Question

hello - i recently bought a flat in london, a period property that was coverted into 3 flats, i have purchased the ground floor flat. it appears the flat above is still owned by the council, there are 3 flats in this building; mine the flat above and the upper flat. myself and the upper flat owner have bought the freehold on our flats. my queries are regarding the flat above mine, owned by the council. there is an older couple living there and they have wooden flooring throughout flat, in every room including the kitchen which is directly above one of our bedrooms. the noise is terrible we can hear everything and it sounds as thought the floor boards are as old as the flat itself with all the squeaking you can hear. not mention being able to hear the TV and concversations going on. i have 2 queries:
1 - are they allowed to have wooden flooring throughout the flat
2 - in terms of fire protection/ safety in kitchen area, is wooden flooring ok? i am lead to believe there is a waterproof lining there but to my knowledge nothing else. no sound proofing or anything like that.

really appreciate some advice before going to neighbours and council...

thanks
M
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome to Just Answer.

My name is AJ and I will assist you.

Do you have a copy of your lease for the flats? Pleas ecan you check this and confirm if it contains a covenant that says you must not install wooden flooring?

Kind regards

AJ
Customer: replied 2 years ago.

Hello AJ


 


i dont believe i have that, where can i get it from? i own this flat and only completed on the purchase weeks ago, i'm still awaiting all the legal documents/ paperwork to be sent through to me from lawyers i they were subbmitting paperwork to the council regarding land registry etc. for the purchase of freehold. is this something i can request form the coucil perhaps?


 


thanks


 


Mike


 

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Speak to your solicitor they may be able to give you a copy of the lease, it is quite common that the lease (it will be 120 year lease for example)will contain a restriction preventing people from installing wooden floors.

If it does it is almost certain the upstairs will have the same restriction.

You then have the following options:
1. You can write to the council and tenant in order to enforce the terms of the lease. If they refuse you will have to sue them for breach of the lease;
2. If the lease does not contain such a restriction then you may have a claim in private nuisance on the basis that it interferes with the quite enjoyment of your property. Again you would have to sue them for this if they did not voluntarily agree to remove the flooring.

www.lease-advice.org/‎ - As you are the freeholder you may also be able to enforce the lease against the council once you have completed the freehold purchase. If you go to the link attached in future you will be able to get free lease advice from this Government service.

I look forward to hearing from you.

Kind regards

AJ

Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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