Much obliged - a guide to residential leasehold covenants
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Lucy S owns a flat in a converted house in East London. The freehold is owned by all the leaseholders. Ms S was being constantly disturbed by noise from the flat above. She had contacted the owners of that flat, but they insisted that the rugs they had on floor were all that was required for noise prevention. Ms S contacted LEASE for advice.
The LEASE adviser found the appropriate clause in the lease:
“To keep the flat including the passageways substantially covered with carpet except that in the kitchen and bathroom all over cork or rubber covering or other suitable material for avoiding the transmission of noise may be used instead of carpets.”
The adviser commented that Ms S should not be concerned by the lack of punctuation in the lease.
The adviser explained that ultimately the courts or a Tribunal can interpret a lease, but that it was her view that the rugs were not suitable. The freehold company should take action to insist on proper floor covering.
Ms S said, “LEASE were fantastic. I cannot recommend you highly enough. Both people I spoke to were very kind and helpful. Thanks to them I felt confident in my position in regards to the law and was able to successfully enforce the terms of my freeholders lease which meant my noisy neighbour upstairs finally putting carpets down after two years of hell! THANK YOU!”
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