Non carpeted flat in breach of lease

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    Non carpeted flat in breach of lease

    Just due to exchange on a leasehold flat and in the terms of the lease I am supposed to have carpet. I have laminate floor throughout. Literally due to exchange and buyer is asking for 2,000 pounds for new carpet. Says she cannot purchase without carpet as I am in breach of my lease. Have said I can carpet my flat with a cheap carpet and underlay for 500 pounds or give her this amount to put towards the expensive carpet she desires. Do you have to carpet a flat before selling. I have seen many flat in same block sold with wooden flooring.
    pounds for new carpet.

    #2
    Are you in breach of your lease?

    Comment


      #3
      I suspect you will be in breach. Don't forget buyer can just walk away. Are the flats easy to sell ? How much do you want to get it sold ?

      Comment


        #4
        No you don't have to carpet a flat when selling. AND you can take the carpet with you.
        ( but best to carpet it if it's against the lease )

        Yes, you are in breach of your lease, but when the lease was first written and first sold, if there was no carpet supplied, then you cannot give a carpet to the new buyer, as that carpet belongs to you ( if you had it carpeted ).

        Also, it is up to the incoming leaseholder to observe the lease,( as well ) and if you had it carpeted, they are yours, so the incoming leaseholder has to buy their own carpets.

        Tell them they have read the lease, seen the flat, everything is finalised, a projected exchange date is set, so what's the problem.
        The floor coverings belong to you. Even the laminate you put down.
        As she does not want the laminate, tell her you will be removing that, as it's your laminate, or you can leave it there, and give her £ 500 to re-carpet.

        Comment


          #5
          I acknowledge ram s knowledge and experience. He will be correct. However, I repeat are you ready to possibly lose a sale ? game of bluff ?

          Comment


            #6
            We need to know please:

            (a) exactly what the lease says about floor coverings

            (b) if you are supposed to have carpet whether you obtained the landlord's consent to lay a laminate floor

            (c) if you are supposed to have carpet and did not obtain the landlord's consent how long ago you laid the laminate floor and if the landlord knows about it

            (d) if there is a flat below yours

            (e) if anyone has complained

            Comment


              #7
              Originally posted by scot22 View Post
              However, I repeat are you ready to possibly lose a sale ? game of bluff ?
              Of course there is a possibility you will lose the sale, but over carpets ! - probably not.

              The buyer either wants carpets for free.
              or
              She is hesitant that she will be found in breach of the lease.

              Continuing my last post,
              carpets in a house or flat, - - you ask the buyer
              "Would you like to buy my carpets, ( done this twice ), and if not, we will take them with us".
              If leaving the carpets, the prospective buyer gives money to the seller for the carpets.

              You are not leaving any carpets, therefore no money is asked for from prospective buyer for the none existent carpets.
              For her to demand money for carpets, irrespective of the lease, is not on.

              If push comes to shove, fit your £ 500 carpets, and then say, lease adhered to, place carpeted,
              Then say ,
              "Would you like to buy my carpets, and if not, we will take them with us".

              BUT be prepared to leave the carpets for no payment. For the sake of a clean exchange.

              Comment


                #8
                You state that your lease requires you to have a carpet and if that is the case, it would be reasonable to sell the flat in a condition which complies with the lease. The purchaser cannot expect an expensive carpet or a brand new carpet, Your offer to fit a carpet or make an allowance seems to be reasonable but as others have said it depends on how far you wish to stand your ground and risk the loss of a sale, I suggest that you wait for the purchaser to respond but you may need to negotiate an agreement.

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