Breach of covenant - fellow freeholder /leaseholder

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    Breach of covenant - fellow freeholder /leaseholder

    I was just collating evidence against the owner/occupier of the flat above me when I read that leaseholders need a contractual right to claim for breach of lease. The property has 6 flats in a converted victorian. Share of freehold, management company that the secretary deals with (unfortunately the owner/occupier of above) but we all have a share in (as I understand it) and two directors. The guy above lives in a one bedroom flat with his wife and grown son. Their floorboards all squeak and seeing as he's never done any repair work in 23 years if he has a carpet it's threadbare. He has admitted he doesn't have underlay. They pace for forty minutes at least at all times which has affected my work (I even lost one job) and my health. I'm actually exhausted most of the time. Just read the lease and found this on the first page: "Whereas the Lessor being or to be registered at HMI Registry as propietor with absolute freehold title of the land ........address.... is desirious of letting parts of said property as flats or maisonettes subject to the regulations contained in the first schedule hereto to the intent that the Tenant for the time being of any flat or maisonette may enforce the observance by the Tenant of every other flat or maisonette of the said regulations"
    So does that mean that I can take action myself? It later states that 3. The Tenant HEREBY COVENANTS with the Lessor and with each Tenant of any other flat or maisonette in the Building as follows:- 1. from time to time and at all times during the terms to put and well and substantially repair cleanse maintain amend and keep in repair all parts of the demised premises
    Would the above relate to the squeaky floor boards?
    4. The Lessor HEREBY COVENANTS with the Tenant as follows:- 4) That (if so required by the Tenant) the Lessor will enforce the covenants and restrictions .... but you have to pay them to do this. I don't require it as I can't afford lawyers so will try and do it myself.
    The First Schedule states "full carpet .... with a suitable underlay"
    Thanks for reading. Very confused. Am I the Tenant? We have articles of association that I really can't understand. I read that if you wanted to alter your property but the lease restricts it you can request permission that can't be unreasonably refused. What's to stop him requesting that he can have squeaky floorboards and no underlay from the other freeholders?
    Thanks for your help with this.


    #2
    Just sell up quietly IIWY, and buy a detached house. It's the only solution.

    Comment


      #3
      Originally posted by JK0 View Post
      Just sell up quietly IIWY, and buy a detached house. It's the only solution.
      Agreed if the person above sells and you get a family with little children you will have noise and thumping all through the day not just 40 minutes.

      In my humble view you are clutching at straws suggesting someone cannot pace in there flat even without underlay, I am flat footed and very noisy when I walk. It will be very painful to get this enforced.

      I suggest a different approach, you approach them and offer to pay for sound proofing underlay and new carpet.

      Alternatively you need to stop focusing on it, as you will get more and more exhausted and it's a slippery slope.

      All the best

      Comment


        #4
        Originally posted by Stew View Post

        Agreed if the person above sells and you get a family with little children you will have noise and thumping all through the day not just 40 minutes.

        In my humble view you are clutching at straws suggesting someone cannot pace in there flat even without underlay, I am flat footed and very noisy when I walk. It will be very painful to get this enforced.

        I suggest a different approach, you approach them and offer to pay for sound proofing underlay and new carpet.

        Alternatively you need to stop focusing on it, as you will get more and more exhausted and it's a slippery slope.

        All the best
        Really? They can pace all they want with UNDERLAY, that is the point! I f they had underlay then the noise would be reduced. Why would I offer to pay for their underlay and carpet when they're obliged to have this under the terms of the lease. Are you my upstairs neighbour because this is how he responds. I am exhausted and I've had enough. As I said I lost a job over it when they woke me up 4 to 5 times in the night for four days in a row.

        Comment


          #5
          Not worth the monies, the best advise is to sell or you could soundproof your ceiling.

          Comment


            #6
            You don't want to make an issue of this, as you will have to declare it when you do eventually move. This will likely put off most buyers.

            All you can do is sell up. (People above me in my old flat had laminate flooring, and went clubbing until 2am every night. Then they couldn't sleep, so paced the floor for hours.)

            Comment


              #7
              How does the management of the building take place, have you spoken to the other owners?

              Would be better if you had their support if the neighbours above you are unwilling to engage.

              Comment

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