UK Landlord Forum / Life

Hello,

I have owned (leasehold) a flat since 2015. I lived in it myself for 4 years, and have since been renting it out. When I first moved into the flat it needed some work doing, and thus I applied for permission to carry out the work. Whilst doing the work, I also decided to take up the old laminate flooring and make use of the quirky sheet boards underneath (for which I didn't have permission). 5 years went by without any issues. All of the neighbours got on, no complaints (not one) were made to the managing agents nor the council. All was well.

However, in 2020 a new tenant moved into the flat below mine and started to complain about being able to hear my tenant walking around. This came as a bit of a surprise to me as I had been able to hear the tenant above my flat doing the same, but just accepted that this was part of living in such a flat. However, I didn't want the new tenant below to be disrupted by my tenant, so I worked with the managing agents to fit a new laminate floor for a cost of around £1500. This took a while longer than expected as it was at the height of the Corona Virus lock downs, and thus took almost a year to complete. During which time, the tenant in the flat below mine verbally abused my tenant and tried to intimidate her with aggressive behaviour (including banging on her door and shouting abuse, suggesting that he knew she lived alone and would force her out of the flat, stating that I was in breach of my lease and that my tenant had to vacate the property and just generally using anti-social behaviour to threaten my tenant). Needless to say, she has set up  a case with the local police.

Post fitting the new flooring, the tenant below continued to complain to the managing agents, and also the local council. The managing agents sent out a surveyor who concluded in his report that my new laminate flooring didn't have any underlay (which is incorrect and has been proven to be incorrect). On seeing the report, the managing agents then demanded that I remove the new floor and refit it with underlay. But, as stated, there is already underlay. Thus, the report was wrong. Also, the council case for the matter was closed due to lack of evidence.

Another year or so has passed, and the issue continues. The managing agents have now given me a month to change the flooring, otherwise they have said that they will put my in breach of the lease. Their reasoning is that the flooring isn't up to building regulation standards (for which I have asked them 100 times for information on the standards, to which they haven't responded). They have stated that the flooring has to be carpet (even though the freeholder fitted laminate flooring when renovating the property in 2010).

I would love some advice on this matter if anyone knows of anything that could help me. I am in the process of getting quotes to have carpet fitted, but I really don't want to go down this route and lose a lot of money if the threats from the managing agents are based on incorrect information.

I couldn't attach the lease as the file is too large, but on page 24, point 14 states that the floor should be covered in carpet, and this is what they are using against me. However, when renovated the flat didn't have carpet fitted! So this is a confusing point for me. Also, I know the other flats do not have carpet fitted (including the flat below), so should they also be in breach of their leases?

There is a lot more to this story and I can provide more details if needed. But based on this short summary, where do I stand with this? I don't want to be bullied into doing something that isn't needed.

I can send the lease via email if needed.

I really appreciate any help.

Many thanks.

Whoa!

You need to take a step back and figure out what really matters.

In no world does the desire for laminate flooring trump over a year of hassle and stress, uncertainty and effort for both you, and others.

Fit a bloody carpet for a few hundred quid and move on.

It's that simple - no more fighting, no more uncertainty, no more hassle from downstairs, Councils or Management Agents. Even if you win - at this late stage - it's a complete Pyrrhic victory because of the toll it's already taken - and you've not even won yet!!!

Step back from the place you've found yourself, and the direction you're heading... and fit carpets.

I know you don't live there - and don't have to put up with the threatening Tenant downstairs - so maybe it's more of a game for you, an academic exercise - and you can't stand being told "no" - but grow-up and think of your Tenant (this one and future ones).

You've completely lost sight of what matters in life - the ability to exist in your own home (your safe space) with this thing we call "quiet enjoyment".

Fit the carpet and if the complaints still continue - you know they're a loon - and you will have all the evidence you need to support that. Don't come here looking for technicalities to support your own desires to "fight the good fight"... you are a casualty of this, sure - but I'd put forward the view - not the main casualty. Fit an excellent carpet... a lovely thick shag.

What a giant waste of time, and money and effort. Swallow your pride (or whatever it is) and even if your Tenants says: "no, don't take away my laminate, I love my laminate" tell them "NO! I've learned laminate is never a good idea in apartments, I don't know what I was thinking - oh, I am a fool!"

And know that you are.

P.S. - no, but I'm not reading your Lease. I do know that "the Lease is king" and, despite whatever anyone else may have done in the past, the clause you quote will carry weight.

P.P.S - please don't provide more details, you already come across quite badly in this (though I can understand it, I desperately want you to re-assess). I am in awe of your current Tenant for still being there.

And there goes (quite literally) someone who doesn't like to be told "no".

Still chuckling about almost a year to fit laminate.

Not chuckling over the verbal threats and almost physical action... but high-heels tap-tap-tapping away on laminate sure can be annoying (trust me, I know!).

If the lease says that the floor has to be carpeted, the floor has to be carpeted.
Any other reason(s) for the change (like building reg compliance) are just noise, the lease governs what must be done.

You might reasonably ask why the agents were happy for you to fit laminate floor when they worked with you in 2020.
But it doesn't make any difference - you should have checked the lease before installing a new floor that you weren't allowed to.

Regardless of what other flats have done, or what is stated in the lease,how on earth would anyone think laminate flooring is suitable in such a situation? It is quite disgraceful that you have allowed a good tenant to be put in such a horrible position,for the sake of some cheap carpets.Just do it.