16/07/2018
by: Mary-Anne Bowring
The Impact of Neighbors on Flat Sales
When selling a flat, the behavior of neighbors can significantly influence potential buyers. In shared blocks, noise and other disturbances from neighbors can either enhance or derail a sale, especially when the flat is located in a community setting.
The Problem with Laminate Flooring in Flats
While the decision to replace carpet with laminate flooring may not seem like a major issue, the impact on noise levels can be significant. Laminate flooring lacks the noise-absorbing qualities of carpet, leading to disturbing sounds from footsteps, music, and television, which can make living conditions uncomfortable for neighbors.
Noise Nuisance and the Effect on Daily Life
Excessive noise, such as droning sounds from music or television and the constant noise of footsteps, can be a constant source of frustration. This can lead to sleep disturbances and general stress, especially if the noise occurs late at night.
Legal Rights Regarding Noise Issues
In situations where the noise level becomes intolerable, it’s important to check if the tenant is in breach of the lease. Many leases include clauses that require carpeted living areas to help reduce noise. If the tenant has replaced the carpet with laminate flooring, they may be violating the terms of the lease.
Taking Action Against Lease Violations
To address the issue legally, the leaseholder has options for action, including demanding the tenant reinstate the carpet and underlay. A breach of lease could result in forfeiture, which may lead to losing the flat if the tenant doesn't comply with the lease terms. Legal action can be taken for non-compliance, such as seeking an order for specific performance or initiating a forfeiture action.
Involving the Leasehold Valuation Tribunal
To proceed with taking legal action, consent from the Leasehold Valuation Tribunal (LVT) is required, or a judgment from a county court. The LVT can provide guidance on how to handle disputes regarding breaches of the lease, including enforcing compliance or seeking remedies for noise-related issues.
To proceed with taking legal action, consent from the Leasehold Valuation Tribunal (LVT) is required, or a judgment from a county court. The LVT can provide guidance on how to handle disputes regarding breaches of the lease, including enforcing compliance or seeking remedies for noise-related issues.
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