Flooring and demising dispute - how much can a director of a leasehold block?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Flooring and demising dispute - how much can a director of a leasehold block?

    Hi,

    My fiance and I are in a bind. We want to renovate our flat but the flatholder below is potentially blocking our plans.

    We live in a 4 flat house (one above the other) and each flatowner is the director of the leasehold property. We want to demise a bit of a terrace only we have access to to do a small extension on that and we want to change the layout of our flat.

    What the flat holder below is objecting to is, with the latter, we'll be moving the kitchen, and the dining area would be over her bedroom. We've offered to put in the highest quality sound insulation but she's insisting we change the lease so that it says the area above her bedroom must be carpeted. Which would be the dining area. She won't agree to the demise.

    We've been trying to resolve this but she's insistent on the carpeting and we don't think that's practical for a dining area, and that sound proofing would be sufficient (and well above building regs). The lease includes nothing about soundproofing at the moment and the company's articles of association are old, from 1948, and I don't think have been altered. Technically, I think the demising and layout could be treated as two separate issues, and we could ask the company to vote on both, and by majority vote, we might win. But the other two directors have little skin in this game, plus it could be drawn out.

    Any thoughts or views? They'd be very welcome. Thanks

    #2
    Please set out in full the covenant in the lease relating to alterations.

    Of course if the terrace is not within the demise of your lease the flatholder below my have the final say. However, if only you have access to the terrace it is possible that it is already included in your demise. See this thread: Is the loft, cellar or balcony included in the lease? - LandlordZONE Forums.

    I have to say I do not think that the flatholder below is being entirely unreasonable. Requiring carpet provides reassurance that noise will be kept to a minimum. Why do you think that carpet is not practical for a dining area?

    Comment


      #3
      Originally posted by Lawcruncher View Post
      Please set out in full the covenant in the lease relating to alterations.

      Of course if the terrace is not within the demise of your lease the flatholder below my have the final say. However, if only you have access to the terrace it is possible that it is already included in your demise. See this thread: Is the loft, cellar or balcony included in the lease? - LandlordZONE Forums.

      I have to say I do not think that the flatholder below is being entirely unreasonable. Requiring carpet provides reassurance that noise will be kept to a minimum. Why do you think that carpet is not practical for a dining area?
      Quite. You signed a contract to do/not do something - you are being unreasonable to think acting otherwise is somehow ok

      Comment

      Latest Activity

      Collapse

      Working...
      X