Housing Freeholder making threats

[jamesbond]

hi..if its a term of your lease that a suitable floor covering is laid within the building i feel that you need to comply with that situation...now what exactly is classed as a suitable floor covering is in my mind very wide ranging..a wooden floor is a suitable floor covering in my books, which would not in any way absolve the noise polution..it seems to me that they have had a few problems with some residents and are having a crackdown and unfortunately its being applied across the board...and it looks like youve drawn the short straw....the noise polution law is immaterial in this instance, they are exercising their rights to order you to carpet or whatever because its clearly a term in the lease agreement...not nice i know but well within the terms of a lease.

i pretty much dont think that it needs the levels of enforcement that are being administered here and that does give rise to doubt, break in and do what? carpet the floor?

there are rights of entry under certain circumstances, i would check your lease thoroughly because what they are saying does sound plausable, even if rather offensive, and you dont want to end up with a carpet bill and a locksmiths bill!!

plus if it comes to the point where they do carry out the job without your permission, you could end up with an overly expensive carpet in a rubbish colour, costing loads more than you could have had it done for..be careful on this one!!!

good luck with it...007

[jamesbond]

as the freeholder the company has certain obligations to the other lease holders to ensure that they are able to live and enjoy their building uninterupted. now i am in agreement with you that wooden flooring with underlay is a suitable covering.

on the down side wooden floors magnify the movement of any one within that building and if you are living underneath it is noticable.

personnally i feel that this should be considered when purchasing a dwelling with someone living above it, as it is without doubt noise is going to occur no matter what floorcovering is used unless a fairy is living there at the time...

they have no obligation to inform you who made the complaint or why, this is a matter of client confidentiality and if you had complained about another leasee then that confidentiallity would apply equally on your behalf.

regarding them accessing the premises you need to study the terms of your lease closely, you must remember the freeholder has informed you in writing that you are in breach of your lease and the reason why. again the terms of the lease are dictated by the freeholder and each one is usually different, and the rights you have are dictated by that lease.

if the lease states that they have reasonable rights of entry in the event of non conformation , and they have served you with the correct paperwork including advance notice to carry out any required repair or undertake work to conform to your lease, and you do not comply i suggest they have redress in that avenue, again study the lease.

if that is not included in the lease they may have to apply to the courts for a warrant of entry to undertake the work required to conform to the lease, which again they are within their rights to do.

this dispute sounds a lot like it is getting out of hand, and to be honest you could end up with far more costs than a carpet if you make the wrong judgement.

if it is not disturbing the resident underneath you then i think that you are having a bit of malice thrown against you which is a bit out of order.

the fact you have agreements in your lease about flooring is undeniable.

the type of flooring is open to dispute?

could you not stick down some cheap jumbo cord carpet, or some large secondhand rugs as you are not living there? this would comply and leave them no course for action?

i say it again you need to look at the lease you have signed carefully, and if you feel it is worth arguing your point then go for it but do be aware it could turn round and bite you...be very careful and i do hope you get it sorted and have a good christmas..

007