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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the freeholder of two properties one which I live in and

Resolved Question:

I am the freeholder of two properties one which I live in and the one below is owned by a leaseholder. The leaseholder has tenants in the property and installed wooden flooring which is causing a huge amount of noise nuisance can I instruct him to replace the flooring with carpet as his lease states that no disturbance should be caused to the people in the property above.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola

Yes I am fine to wait for an answer

Maria

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know whether wooden flooring is against the leaae?
Have you spoken with the freeholder?
Customer: replied 2 years ago.

Hi Alex

I am the freeholder and whilst the lease does not state no wooden flooring it states not to cause disturbance (this is being caused continuously partly because of the wooden flooring)

Maria

Customer: replied 2 years ago.

Alex

I have stated all this in the original question don't you have this?

Expert:  Ash replied 2 years ago.
Sorry yes I misunderstaood.
Sounds obvious but I want to check, what is it you want to achieve ?
Has he be sent a solicitor letter at all?
Customer: replied 2 years ago.

Not yet this will happen probably next week, that is why I wanted to know if I can request that the flooring be replaced before paying out huge fees to ask another solicitor

Maria

Expert:  Ash replied 2 years ago.
Yes.
The lease holder is in breach of the lease and you and request that it is removed. Further your Solicitor should say if he does not remove it you will seek to forfeit the lease on the basis of breach of covenant.
But yes, wooden flooring will cause nuisance or annoyance and the Courts are very much alive to this issue.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Can I just enquire if I can instruct the leaseholder to soundproof his property?

Maria

Expert:  Ash replied 2 years ago.
Not to soundproof no. Case law shows he can not be expected to alter the fabric of the building.
But to remove laminate and replace with carpet - yes
Alex
Customer: replied 2 years ago.

Thank you for your assistance. I shall instruct him proper insulation needs to be put under the carpet as well

Expert:  Ash replied 2 years ago.
Thanks. If I could kindly,ask you to rate my answer before you today.
Alex