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management company not upholding lease

(7 Posts)
Canarygirl1 Wed 24-Jul-24 21:04:23

my husband is ill, I am his carer and we have bought a ground floor lease hold apartment which would suit us perfectly but the flat upstairs is owned by absentee owner who rent it out.
Their apartment has laminate flooring which is against what is stated in lease and we didnt realise at first as the person living there was away on a course. The noise at times is horrible.
We have asked the management company to enforce lease so many times and they just say we have written but are being ignored by owners.
As a last resort we have spoken to a solicitor but they are charging £500 for 1 1/2 hours work and it is a lot to lose if nothing happens
Anyone been in this situation or have any helpful ideas please. I should say the noise upsets my husband dreadfully
many thanks

Siope Wed 24-Jul-24 21:12:18

Have you spoken to the people upstairs?

Canarygirl1 Wed 24-Jul-24 21:18:43

the reason we are pushing it now is the doctor who was renting has left and it is joyfully empty so we thought it would be a reasonable time to ask for a carpet to be laid. Its not a gigantic place and wouldnt cost a vast amount and since the owners are doctors might have thought they would be a little more sympathetic

Chestnut Thu 25-Jul-24 11:03:49

I will get back to you but can't at the moment (granddaughter here) but in the meantime check out this website which has LOADS of information buried within: www.lease-advice.org/about-us/ You can also book a phone call with them. Make a list of questions beforehand and have pen and paper to hand.

Chestnut Thu 25-Jul-24 17:42:51

I've Googled and found this which I think is what you need, an Application for an order that a breach of covenant or a condition in the lease has occurred. This has to go to the First Tier Tribunal.

Here is the link to download the form.
www.gov.uk/government/publications/form-leasehold-6-application-for-an-order-that-a-breach-of-covenant-or-a-condition-in-the-lease-has-occurred

I'll get back if I find out any more but there is lots to look at on those two websites. And you can phone the first one for advice as I said.

Chestnut Thu 25-Jul-24 17:50:16

However, this will all take time and you want them to lay carpets now not next year. I would be chasing up the management company to make contact with the leaseholder and hold them to account regarding breach of the lease regulations. It's not good enough to say they are not replying, but get advice from the Leasehold Advisory Service (the first website).

Canarygirl1 Thu 25-Jul-24 21:21:58

thank you so much chestnut I am so grateful for those helpful links. I am sorry to have been a while replying my husband has not been at all well today. I shall be able to sort this out over the week end again very many thanks