The nightmare of laminate flooring above

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  • Carine
    replied
    Originally posted by leaseholdanswers View Post
    Liked that. Lawyer by day, rap artiste by night.

    You are spot on, the clause requires the landlord to act, but I would add a rider that they must actively seek costs under the lease and in tribunal or Court as well, and not rely simply on your indemnity.

    The first stage is for you to gather written recorded and comparable evidence of the issues by diary recording and even a cheap ebay type noise meter.
    Sorry for hijacking this thread but we're in the same boat here.
    Leaseholder A has officially complained of the noise due to creaky floorboards in flat B. We sent a LBA. Leaseholder B has fixed some of the floorboards but noise remain as it's wooden floors and not carpet.
    Leaseholder A wants us to take action.
    We have the same clause in our lease i.e. duty to enforce covenant on a complete indemnity basis.

    LHA you mention seeking costs in tribunal or court. Does this mean the landlord takes it all the way to court if need be and bills leaseholder A for all costs?
    Or can the leaseholder issue proceedings directly against the offending flat?

    Leave a comment:


  • leaseholdanswers
    replied
    yes, only flats in breach are in breach

    Leave a comment:


  • Carine
    replied
    I now understand the forfeiture bit and the fact that the landlord cannot forfeit the lease and claim service charge, what I don't get is that it would affect more than one property.
    Is this not just relevant to the flat in question?

    Leave a comment:


  • leaseholdanswers
    replied
    Originally posted by Carine View Post


    Will read the decision when I get the time.
    Your eyes will water when as C says they lost and the bill was enormous. I know the block and the bill, to many occupants, is just " oh dear no Ferrari just for Thursdays then dear".

    Leave a comment:


  • leaseholdanswers
    replied
    Originally posted by Carine View Post
    I don't get that part. How can a breach of lease mean they can't collect service charge?
    Yeah, its a bit muddled. if there is breach or alleged breach, the landlord has the option of forfeiting the lease. Service of a 146 Notice shows that it is the landlords intention to do so on the expiry of 28 days, normally, though as we all know they need a Court order or they end up in HM Holiday Inn ( where you don't complain about 'nuffin, unless you like eating through a straw).

    If they ask for charges of any sort then that indicates that the landlord intends to continue the lease, and waives the breach, in many cases, and forfeiture as an enforcement option or remedy, is lost. The section 146 asks for mense profits i.e. the daily rate of service charge rents etc until re entry which can then be claimed when the amount is known.

    Leave a comment:


  • Carine
    replied
    Originally posted by Cantabriana View Post
    The leaseholders complaining of the noise lost.

    http://www.newlawjournal.co.uk/nlj/c...hy-neighbour-0


    Will read the decision when I get the time.

    Leave a comment:


  • Cantabriana
    replied
    I don't get that part. How can a breach of lease mean they can't collect service charge?
    You can't have your cake and eat it too.

    Fortfeiture means you believe the lease has been brought to an end by a breach. By accepting rent & service charges you are admitting that the lease continues.

    Leave a comment:


  • Cantabriana
    replied
    Do we know what the outcome of this court action was?
    The leaseholders complaining of the noise lost.

    http://www.newlawjournal.co.uk/nlj/c...hy-neighbour-0

    Leave a comment:


  • Carine
    replied
    Originally posted by leaseholdanswers View Post
    Do read this though as some of the issues may arise where the company might have agreed to it or their remedies are limited if they have known about if for some time. http://www.telegraph.co.uk/news/ukne...den-floor.html
    Do we know what the outcome of this court action was?

    Leave a comment:


  • Carine
    replied
    Originally posted by jenniferL View Post
    I have now been advised that they do not want to take action as if they acknowledge the breaks in the terms of the lease, then they can not collect any maintenance and ground rent until the breach is rectified.
    I don't get that part. How can a breach of lease mean they can't collect service charge?

    Leave a comment:


  • leaseholdanswers
    replied
    While I am required to indemnify and put you in funds as to costs, I will require that your aggressively seek the recovery of costs from the offending leaseholder, and I reserve my position on seeking recovery of any costs that you require to me to pay in the light of your intial refusal to enforce the terms of the lease as you should as freeholder.

    Leave a comment:


  • leaseholdanswers
    replied
    Originally posted by jenniferL View Post
    Sadly I don't have a Ron & Ron on hand.

    Last couple of questions.....promise

    1) what if the landlord won't take legal action after they have written to the tenant giving a deadline and it's not complied with ?
    2) can the landlord agree that it is ok just to put a rug down ?
    3) what are my next steps legally if either of the above prove to be the case ? Do I have a case against the landlord or the tenant ?

    Many thanks as always.
    Thats a relief lawyers generally frown on that and the Police get a little hot under the collar

    1 Then you may have to ask a court to compel them.
    2 No as the lease says " keep covered with carpet and underlay the floors of the Demised Premises" all the (relevant) floor must be covered with that not a rug.
    3 If there is a breach then you have a case as above.


    What you might say is

    I refer to previous "letters emails etc" in regard to flat A. As you know all(?) our lease require that
    ‘at all times to cover and keep covered with carpet and underlay the floors of the Demised Premises other than those of the kitchen and bathrooms and at all times suitably and properly to cover and keep covered the floors of the kitchen and bathrooms in the Demised Premises’

    As you now know, Flat A has laid "wood floors-details of you have them" contrary to that clause. We as a "group or company? " are freeholders of the block and are bound to enforce the terms of the leases and I must ask that you as " committee board ?" act in accordance with the lease and enforce them in respect of flat x.

    If you refuse to do so then I will require as leaseholder of flat B that under clause Y( #8) that you enforce the terms of the lease as the result of the installation is considerable nuisance and disruption from noise contrary to clause Z ( in your lease it will mention noise etc).

    I'll finish this later more work to do!

    Leave a comment:


  • DNM2012
    replied
    Hi

    You have my total sympathy as I have been in a similar situation with laminate flooring and a FH that wouldn't act.

    If the FH won't act you can take them to court for breach of contract.

    If the FH does act you will have to pay all their costs. Which they may then recover from the offending LH or not.

    You are stuck between a rock and a hard place unfortunately.

    Things you need to consider are-

    1) This could cost thousands.
    2) You have a dispute, which you will have to declare if you sell your flat in the future, as will the upstairs flat if you have formally complained.

    I take it you have approached the upstairs flat and told them of the problem? You could consider mediation, as a way of reaching a compromise.

    Leave a comment:


  • jenniferL
    replied
    Originally posted by leaseholdanswers View Post
    The landlord is obliged to enforce the terms of the .
    Sadly I don't have a Ron & Ron on hand.

    Last couple of questions.....promise

    1) what if the landlord won't take legal action after they have written to the tenant giving a deadline and it's not complied with ?
    2) can the landlord agree that it is ok just to put a rug down ?
    3) what are my next steps legally if either of the above prove to be the case ? Do I have a case against the landlord or the tenant ?

    Many thanks as always.

    Leave a comment:


  • leaseholdanswers
    replied
    The landlord is obliged to enforce the terms of the lease.

    he can do that by

    1 Sending in Ron and Ron and their very hungry, angry dogs to " 'ave a quiet word in their shelllike"

    2 By a court order to carpet

    3 Through forfeiture proceedings

    The right to forfeit can be waived by the demanding and accepting of rent and service charge after knowledge of the breach, but it is very arguable that since that only applies to once and for all breaches, failing to carpet and installing hard floors is on ongoing breach, as is the nuisance that comes from it, and not subject to waiver.

    Leave a comment:

Latest Activity

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