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Hello my name is ***** ***** I will help you with this.
For now please let me know whether it is against your lease with the main Landlord?
No. I am leasing my property to a tennant. The neighbour below is putting the claim to me.
Yes I understand.
But are you the freeholder?
Or do you own a long lease?
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.
Ok - does YOUR lease have a clause which prevents laminate flooring?
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.
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.
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.
There is no law that says they need to bring a claim within a certain period of time
Even if they lived with it for a while, it may be something recent that broke the camels back
OK. That was what I was wondering.
But of course in the agreement it will say not to cause noise or annoyance to others
Generally in flats there is usually a clause which says you can't have laminate flooring which is why I asked.
However you can dispute it on the basis it has been there since 2009
This does not stop any claim
If there is noise and there should be some noise monitoring going on,then you may have to replace with carpets
Clearly if it is an issue with the neighbour it needs to be addressed
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
So if there is an issue now, it makes no difference how long it has been going on for, it would need dealing with
Can I clarify anything for you about this today please?
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.
Indeed. You should write to the Solicitor and say you are willing to work
If you do that, then they have to work with you before they just go ahead and issue proceedings.
Can I clarify anything else for you?
Not at the moment. Thanks.
Can I help with anything else today?