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We purchased a new-build 2 bedroom, 2 bathroom ground floor apartment from Fairview Homes Ltd on 17th October 2003 with a 99yr lease dating from 24th December 2003. When viewing the property the Site Agent stated that although Fairview Homes were offering to lay laminate flooring, and the property complied with sound proofing regulations, should there be a noise complaint, we would be required to lay carpeting. As it was our intention to let the property we were keen to avoid any potential noise issues and decided to use underlay and carpets. Within our hearing, this warning was issued to all new purchasers who were given the laminate flooring option.
We successfully let the property from 2003 – 2014 with no noise issues. In 20014 a family, 2 adults with one young child moved into the apartment above. Prior to this the property above had been let to adult tenants, who worked all day just coming home in the evenings. Once the family moved in obviously the child played with rolling toys, bricks tumbling, running back and forth, tears, tantrums and the usual noise associated with children, the laminate flooring became a huge issue. Our tenants complained, and we in turn brought the matter to the letting agent of the property above.
We double checked our lease and it quite clearly states:
“At all times to maintain adequate close carpeting with under-felt or underlay throughout the demised premises, or take such steps in relation to the composition or covering of the floors of the demised premises as the lessor may reasonably deem adequate having regard to the peace and quiet of the occupants of the flats in the block, or in accordance with any relevant building regulation.”
We have had several meetings with the occupant of the property, and he insists the noise is just normal living. The property is very sparsely furnished with very few soft furnishings to absorb the noise. Our tenants reluctantly felt they had to move out.
Having complained for three years the letting agent for the above property has finally come back to us stating that the owner believes as Fairview Homes sold him the property with laminate flooring, he is not liable to carpet the flat, regardless of what the Lease states.
WHO IS RIGHT, CAN WE DEMAND HE CARPETS THE PROPERTY?
We successfully let the property from 2003 – 2014 with no noise issues. In 20014 a family, 2 adults with one young child moved into the apartment above. Prior to this the property above had been let to adult tenants, who worked all day just coming home in the evenings. Once the family moved in obviously the child played with rolling toys, bricks tumbling, running back and forth, tears, tantrums and the usual noise associated with children, the laminate flooring became a huge issue. Our tenants complained, and we in turn brought the matter to the letting agent of the property above.
We double checked our lease and it quite clearly states:
“At all times to maintain adequate close carpeting with under-felt or underlay throughout the demised premises, or take such steps in relation to the composition or covering of the floors of the demised premises as the lessor may reasonably deem adequate having regard to the peace and quiet of the occupants of the flats in the block, or in accordance with any relevant building regulation.”
We have had several meetings with the occupant of the property, and he insists the noise is just normal living. The property is very sparsely furnished with very few soft furnishings to absorb the noise. Our tenants reluctantly felt they had to move out.
Having complained for three years the letting agent for the above property has finally come back to us stating that the owner believes as Fairview Homes sold him the property with laminate flooring, he is not liable to carpet the flat, regardless of what the Lease states.
WHO IS RIGHT, CAN WE DEMAND HE CARPETS THE PROPERTY?
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