How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

I have been leasing my flat in the UK to the same tennant since

Resolved Question:

I have been leasing my flat in the UK to the same tennant since 2007. In 2009 I installed laminate flooring. This year five years later the neighbour below is complaining that laminate flooring is causing a Noise/Nuisance.
The first I hear about it is a letter from his solicitor, he has never contacted me, my managing agent or my tennant to discuss the problem.
Given it has been over five years since the flooring was installed does he have a case?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether it is against your lease with the main Landlord?

Customer:

No. I am leasing my property to a tennant. The neighbour below is putting the claim to me.

Alex Watts :

Yes I understand.

Alex Watts :

But are you the freeholder?

Alex Watts :

Or do you own a long lease?

Customer:

Sorry I musinderstood your question. No I'm the leaseholder the lease was 999 years in 1968 so still a long period running on it.

Alex Watts :

Ok - does YOUR lease have a clause which prevents laminate flooring?

Customer:

Not specifically I will try and copy the two clauses they say I am in breech of but its in a PDF document so not easy to copy.

Alex Watts :

Ok

Customer:

The first clause effective says I cannot create a sub-tennacy exceeding 3 years in any 4 year period let on a furnished tennancy. My let is actually an unfurnished let so not sure if that invalidates this part of the claim.

Alex Watts :

ok

Customer:

The second clause says Do not do or permit to be done any act or thing thing to the damage of the lesso or tennants of the lessor or occupants of any part of the building. I'm guessing this is the laminate flooring but there was no complaint from 2009 until now. The letter says the increased noise was noticed in 2013.

Alex Watts :

Ok.

Alex Watts :

There is no law that says they need to bring a claim within a certain period of time

Alex Watts :

Even if they lived with it for a while, it may be something recent that broke the camels back

Customer:

OK. That was what I was wondering.

Alex Watts :

But of course in the agreement it will say not to cause noise or annoyance to others

Alex Watts :

Generally in flats there is usually a clause which says you can't have laminate flooring which is why I asked.

Alex Watts :

However you can dispute it on the basis it has been there since 2009

Alex Watts :

This does not stop any claim

Alex Watts :

If there is noise and there should be some noise monitoring going on,then you may have to replace with carpets

Alex Watts :

Clearly if it is an issue with the neighbour it needs to be addressed

Alex Watts :

I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

So if there is an issue now, it makes no difference how long it has been going on for, it would need dealing with

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I appreciate the input. I am working on fixing it. Hopefully we can resolve without the need to go to court. I just wish he had contacted me or discussed with the tennant or managing agent before going to his solicitor.

Alex Watts :

Indeed. You should write to the Solicitor and say you are willing to work

Alex Watts :

If you do that, then they have to work with you before they just go ahead and issue proceedings.

Alex Watts :

Can I clarify anything else for you?

Customer:

Not at the moment. Thanks.

Alex Watts :

Can I help with anything else today?

Ash and other Property Law Specialists are ready to help you