Who owns the floor

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  • Who owns the floor

    We bought a house and did it up for a tenant that was in another house we owned. This was over 2 years ago, we were carpeting the property but she wanted laminate flooring in two rooms downstairs, so she offererd to pay for it herself. We now need to sell the house and she is asking us to buy the flooring or she will rip it up, where do we stand on this.

  • #2
    Interesting question:

    It could be that it is now considered part of the fabric of the building and removal would be willful damage.

    If not, then she would certainly be responsible for any damage to the under structure and would have to make good.
    ASSUME NOTHING - QUESTION EVERYTHING!

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    • #3
      1. Is flooring a "chattel" (removable) or a "fixture" (forming part of property, once installed)?
      2. Was it meant as a permanent improvement?
      3. T is entitled to remove "Tenant's Fixtures" because the law treats them as chattels. If flooring is in this category, T has to make good any damage caused by removal.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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      • #4
        Seeing as you saved money on the carpet do you really want to deny her recompense?

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        • #5
          Providing she leaves the room and underlying floor in a satisfactory condition to accept carpet being laid on it (ie, as it would have been at the point where you were about to lay new carpet anyway) I don't see why she shouldn't take up the laminate (subject to any agreement you may have made).

          Presumably it will just be sour grapes though as I don't suppose it will be usable again

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          • #6
            I'd tell her to take it - and I'd go round to watch her try and lift it all, just for the fun of it!!

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