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Madhu Pal
Madhu Pal,
Category: Law
Satisfied Customers: 497
Experience:  Solicitor at HPLP Solicitors
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I own the freehold on the flat above me. Should the

Customer Question

I own the freehold on the flat above me. Should the occupants of the flat have consulted me before they removed the carpets?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We haven't taken any legal steps so far - we've tried to be amicable about things, reminding them of the noise intrusion and the impact it has on us etc, but nothing seems to work.
JA: Where is the freehold located?
Customer: It's in Isleworth (west London, TW7 postcode). I own the ground floor maisonette
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that's everything - essentially i just want to know if i'd have a case for asking them to refit their carpet
Submitted: 19 days ago.
Category: Law
Expert:  Madhu Pal replied 19 days ago.

Good afternoon, sorry to hear of the difficulty you are facing.

Do you have a copy of their lease? It would stipulate whether it is a requirement to have the floors carpeted.

Customer: replied 19 days ago.
Unfortunately i don't have a copy of their lease to hand. I think i can obtain it from Land Registry though
Expert:  Madhu Pal replied 19 days ago.

Yes, you may wish to download a copy. There will be "tenants covenants" usually listed in Clause 3 of the Lease which will stipulate what the leaseholder must do/not to. If there is a provision to keep the floors carpeted then they most definitely should have sought your consent prior to removing. If there is no provision then it will be more difficult to enforce things legally.

Hope this helps for now?

Customer: replied 19 days ago.
that's very helpful. Thank you very much!
Expert:  Madhu Pal replied 19 days ago.

You're welcome, all the best.