 You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more
Upstairs neighbours have a small kid, and have stripped the carpets. They are very nice people, but it's really starting to do my head in. As the kid gets older, the endless noise is really starting to do my head in. It's a Victorian conversion so as you can imagine there is limited between me and them.
The lease states that all areas of the leasehold properties must be kept "well carpeted and in good condition" or words to those effect, but nothing more.
I'm not sure if this is enough for me to be able to force the owner of the property (they are tenants) above me to lay carpets.
Do i need to seek advice from a solicitor before contacting the lady who owns the property? She doesn't spend a penny on the place so doubt she will be very receptive to my suggestion, particularly if i don't actually understand the lease myself. I don't really know how much this kind of question would cost to ask a solicitor - i've never used one in this capacity before.
Any advice?
I would speak to a solicitor - a good one will have a brief chat with you to see whether or not it is a go-er, usually without charge - and will give you your options and a full cost estimate so you know how much things will cost.
Generally though I wouldn't have thought you had any right to directly enforce terms of their lease with their landlord - your claim would be in nuisance, and evdience of breach of their lease could well support a claim to nuisance.
Unless you mean the terms of the leasehold lease between the owner of the flat and the freeholder, in which case if you have a share in the freehold you may well have a right to do so.
If you do have a share in the freehold it might be enough to contact the owner and point out the breach of the terms of the leasehold lease - or if there is a managing agent, raise it with them.