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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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I have a question about putting wooden floor in a share of

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Hi, I have a question about putting wooden floor in a share of freehold where we are three directors
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No. We've got a quote including quality underlay from a contractor. We have talked to the neighbors downstairs who have expressed their disapproval. We've offered for our contractor to come by so we can find a compromise together but they have ignored this. We don't know if a formal consent is required
Assistant: Where is the freehold located?
Customer: London, N19
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: The only two parts in the lease we could find referring to the floor or wall alteration are:
Not without the consent in writing of the lessor or the surveyor to the lessor (which should not be unreasonably withheld to non-structural internal alterations) to make any alteration whatsoever to the plan design or elevation of the flat nor make any openings therein nor open up any floors walls or ceillings or any other part of the flat for the purpose of altering any pipes wires ducts sewers drains conduits or channels which serve y other part of the property or as a consequence of which any nuisance or annoyance may be cause to the occupant or any other part of the property.AndNot at any time to allow musical instrument radio set or television to play or operate in a manner audible outside the property and to carpet or insulate the Flat in a manner effectively to prevent undue noise and to take all reasonable steps and precautions to prevent smells and odours

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

I assume your neighbour has wooden flooring?

Customer: replied 1 month ago.
We don't know. They are our neighbours downstairs and we didn't go at theirs.
We're on the top floor and they are on the first floor. We also have neighbours in the basement, but we haven't talked to them about it yet.

Ok - I am not quite sure what your issue is? Are they just noisy?

Customer: replied 1 month ago.
Sorry, I realize the above wasn't clear. We want to replace the carpet (living room) and tiles (kitchen) with wooden floor. We’re keen on putting high quality underlay or even explore other solutions such as laminated flooring. But because our neighbor told us they didn't want us to do it, and as they are not responding to our proposition to get together with our contractor to talk about different options, we’d like to understand our rights:Do we need her permission/formal consent to do it? Is she in her legal right to oppose or force us to remove it? Are there any legal requirements we need to meet (e.g decibels level)?

No, you do not need consent.

It is your property. You have let them know the work is being done.

You can work in the day and your local Council will have prescribes times and levels of noise.

But you do not need permission.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
Hi,
Thank you so much. Just one last clarification :)
We called lease advice scheme, and they told us we had to get consent from the LTD running our lease. We are all sharing a part of the freehold. So just want to confirm your opinion:
Despite this in the lease:
"Not at any time to allow musical instrument radio set or television to play or operate in a manner audible outside the property and to carpet or insulate the Flat in a manner effectively to prevent undue noise and to take all reasonable steps and precautions to prevent smells and odours"
we do not need their consent, nor they can oppose us to put wooden floor on the ground of undue noise?

Correct. I don't think that you need consent nor can they oppose
Does that clarify?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 1 month ago.
That's perfect! Thank you for your help

Pleasure.