Carpeting Breach on purchase

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    Carpeting Breach on purchase

    Hello
    we are on the final stages of purchasing a flat which was purpose built 3 years ago by a prestige developer to a high standard with lift nice kitchen fancy doors and windows.
    When reading the lease we noticed that it mentions about bedroom and hallway needed to have underlay and carpets.
    But the whole development of 12 has wood flooring throughout.
    I think the freehold had been sold on and the standard clause regarding carpets had been added which does not apply as no one has carpets and it had been built this way.
    now the lease holder is aware they wand me to agree to a 28 day timescale to carpet the floor.
    as all flats are the same and it is really nice flooring I don't want to mess up the floor and have to have the doors cut etc and loose the good looking flooring.
    any advise ?
    Should I go back and say everyone is in breach or keep quite and say we will do it and don't Bother?
    Is it possible it would ever be Viewed?
    If I am prosecuted for being in breach does he have to take action over every lease Holder?
    we are going g to rent the flat.
    thanks in advance any advice would be appreciated.
    Stevo

    #2
    a) Of course they can view. Given they are writing about this it is likely they will.
    b) The other breaches have nothing really to do with your obligations under the lease
    c) I am not sure what the legal position is with a property being handed over at inception of the lease with a breach. But since carpets only last for a period of time, it might be expected that you fit ones that adhere to your colour scheme yourself.
    d) No they can take action against just you.

    In general if you sign a contract you should adhere to it. Lots of bad stuff can happen otherwise.

    Comment


      #3
      What my dilemma is that the building with 20 flats purpose built with every flat in the 3 storey building having the same oak laminate style flooring.
      these were high spec aluminium windows fancy doors etc nice lift and intacom everything very top notch.
      So when they were all originally sold 3 years ago the lease was different to now and the new lease has the amendment about carpeting to all rooms except kitchen and bathroom,
      Which would make all 20 flats in breach of their terms of the lease.
      would all the other 19 owners have to comply?
      I am trying to contact the developer as he still owns at lease one flat to see if he can shed any light on the situation.

      Comment


        #4
        Why and how was the lease changed? Who agreed to the change? It can't just be changed unilaterally...

        So far this does not make sense.

        Comment


          #5
          I presume that the whole building has changed owners since it was built 3 years ago .
          If not out of 20 original buyers someone would have noticed the part about floor coverings in the lease as I did.

          Comment


            #6
            But changing owners/freeholder does not change the leases.
            It still does not make sense.
            What does YOUR lease say and when did you sign it? Why did you sign more than one?

            Comment


              #7
              We signed the lease approximately 2 months ago it says that all rooms except the kitchen and bathroom need to be covered with underlay and carpeting, but like I said the whole 20 units a mix of flats and 2 bed cottage style are all with oak laminated flooring.

              https://www.mcnamaraproperty.co.uk/p...ourt-fakenham/

              Comment


                #8
                We only signed 1 lease.

                Comment


                  #9
                  So when was the lease changed? You would have bought the lease from someone else. Leases don't just secretly change at the point of purchase. Nor do they change when the freeholder is changed.

                  Yes I can see on the photographs the wooden floors in their sales pack.

                  Why did your solicitor let you sign a lease that says you must carry out some action that might make no sense (to you)?

                  Comment


                    #10
                    After I noticed it and pointed it out the seller contacted her solicitor and the while can of worms opened,
                    the seller hit a brick wall with all her attempts of getting answers and finally offered a cash offer for us to complete the work.
                    But I am not really keen on having doors trimming to allow for carpet and damage a perfectly mint floor when everyone else has the same flooring.
                    would the land lord need to take enforcement action against the whole 20 owners if I make him.aware of the situation?
                    it seems such a bizarre position with myself being the only one penalised,

                    Comment


                      #11
                      So you considered the contract that was being sold to you
                      Accepted it
                      Accepted a cash offer to make good and a rebate on purchase price

                      It is not a "bizarre" thing

                      > would the land lord need to take enforcement action against the whole 20 owners if I make him aware of the situation?

                      No. But if you complain about the others and the lease has a cross action clause you might be able to PAY the freeholder to take action.

                      This is the nature of the leasehold beast I am afraid

                      Comment


                        #12
                        Looks like all 20 properties were sold without a single person realising that the flooring was wood and not ├žarpet meaning every one was in breach of their lease from the start.
                        And the developer who still owns properties there and is registered as the company running the show Newmans Yard Ltd, is in breach of his own lease.
                        I did email him but surprise surprise he never responded.

                        Comment


                          #13
                          So basically I cannot fight it without paying a big bill.
                          so only choice is to pull out and face a big bill or pay for carpets Overton of nice flooring and paying again to have two doors trimmed.
                          Tototally frustrated.

                          Comment


                            #14
                            I'd probably pull out if you don't want to carpet it.

                            Comment

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