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I have had a small leasehold basement flat, in a small building
I have had a small leasehold basement flat, in a small building of 9 flats in Kensington W8 since 1998 with no problems. Recently the young man living in the flat above (owned by his Indonesian father, a CEO of a large company) bought a flat below the penthouse flat and his son moved to the sixth floor). As his father is abroad he was put in charge of refurbishing and letting the flat above mine. My flat is very small. It is below the back half of the flat above. It is below two bedrooms and a corridor leading to a kitchen. It has wooden floors throughout.The builders removed the carpet and underlay from the the hall and the two bedrooms, above my living room and bedroom. The flat was then let before Christmas this year to a couple with two children; a boy of 5 years and a girl of 3 years, at a rent of £520 per week. It was advertised as 'Added benefit: wooden floors throughout'.The lease states: Third Schedule Regulations imposed on the Flat and the user thereof2. Not at any time to allow any musical instrument radio set or television set to play or operate in a manner audible outside the flat and to carpet or insulate the same in a manner effectively to prevent undue noise and to take all reasonable steps ….The removal of the carpet and underlay means that the wooden floors above act like a drum over the whole of my flat. My adult daughter has been living in the flat for 4 years with no problems. Now, she is woken most mornings at 4 a.m. by two children banging on the floor, screaming etc until 7.30 when the mother gives them breakfast. There is no adult voice talking to them until 7.30. The 5 year old boy screams with frustration after 3 hours of non contact, kicking the floor and throwing, presumably, wooden toys. The same happens at night, with fights between the two children with no intervention of an adult.My daughter went up to complain about the noise made at 4 a.m. and the reply was 'Well, what time do YOU wake up'. There was no change in the situation.As the owner I telephoned the Managing Agent regarding the removal of the carpeting required by the terms of the lease and told them they must take action to have a carpet replaced. I explained that I had just had this done in a small flat and it had cost £1,500 for an area of equal size and taken only a week by ***** *****. I mentioned that my daughter, after two months of lack ofsleep, would be moving to my bigger flat and I would move into the small flat until the carpet was replaced.Progress reports were made about communicating with the owner and the agent. After a month of asking for progress reports the estate agent has said that the owner has said he has no power to act as the flat belongs to his father.After yet another month I wrote to the manager of the small managing agent company copying notes from a successful directly comparable situation in the flat I live in. Above my flat and my next door neighbours' flat a rich Arab bought the flat which stretched across both of our small, two bedroomed basement flats, removed all the carpeting, replaced new parquet flooring, refusing the contractor's advice to install underfloor sound proofing under the vast entrance hall, lobby and inner hall (above most of the area of my flat). I complained most specifically about the removal of the sound proofing (carpet is required in the contract). I had not heard one sound from above for the previous six years.Within two months after solicitor's warning notices of court action underfloor sound proofing has been laid above my flat.My neighbours, an elderly couple complained about the noise of the 8 young Arab family members of the new owner above, throughout the night as they do not work and their kitchen is above my neighbour's bedroom. They wear hard shoes, high heels constantly across the wooden floor with friends and family members coming and going, use washing machines, coffee machines etc every night, all night until 4a.m. They chose to complain to the Environmental Services. They waited for 3 weeks on the list to borrow the borough's special tape recorder but the member of staff was absent and had to go to the end of the list. They had a letter to say that the noise above was normal day-to-day living noise (but all night: despite the contract stating no noise audible outside the flat from 11p.m. to 7 a.m.). The large powerful Managing Agent/Freehold group, Freshwater's surveyor decided that their complaint was a 'social issue' and no action was taken. They have had to sound proof their bedroom ceiling to muffle some of the sound. The Environmental Health office has given up due to the Surveyor's report. The M.P. has said that Freshwater, a £2 billion company, have taken action by producing the Surveyor's report and they must accept that if people want to wear high heels in their kitchen all night etc. that is their choice.So, noise problem reported to Environmental Health etc.: no actionOr, insist on demeanor re a Contract contravention: problem solvedThe Managing Agent of the flat my daughter is living in has told her to report the problem to Environmental Health and to keep a diary, book a tape recorder etc and a letter was written warning the owner (and his son) that the matter would be taken to court if they did not replace the carpet. I worked for the same Borough and know such a case would never win - it is 'family living noise', limited in time and not loud music all night. Also the owner is a rich CEO of foreign nationality and residency who can afford a barrister to argue it is not 'undue' noise. The Managing agent also informed me:PatriciaIf we have to pursue a breach of lease regulation states that any costs (legal) must be bourne by the party making the claim. At present there are none but if we need to go further there may be. If the breach is proved in court then costs should be awarded but I need to make you aware of this. (this is mainly protection against frivolous claims which I know this is not.)Let me know your thoughts.I am a retired teacher with no money for court action.The lease states:4. It is hereby mutually declared and agreed by and between the lessor and the Lessee as follows:(a) In case at any time during this demise any dispute shall arise between the Lessee and the Lessee or Lessees of other flats relating to the premises to them respectively demised ….. or any nuisance or annoyance arising therefrom then in every such case the dispute shall be referred to the determination and award of the Surveyor for the time being of the Lessor which determination and award shall be final and binding on the Lessee and such other person or persons in the dispute and the Lessor's Surveyors reasonable costs shall be borne by the parties to the dispute in such manner as may be ordered by the said Surveyor.Surely the freeholder should take the action, as Freshwater did, of hiring a well qualified Surveyor to confirm whether or not a carpet is in place in the flat above, as required in the Lease, and if not to decide who pays the costs needed to replace it. If the owner then still refuses to pay for it, or choose a reputable underfloor sound proofing company able to issue insurable standard certificates then the freeholder should surely be reasonsible for a court action to enforce payment for the remedy of compliance with the covenant of the lease? And not me.The freeholder has since written an email to my daughter saying that (despite the Managing Agent's warning to me of court costs - against a very, very rich man) her mother will not have to pay any costs, it is the responsibility of the freeholder. Would that email comment have any legal standing?
Where can I find the definitive requirements of executing a
Where can I find the definitive requirements of executing a residential multi-year lease for my clients? I have been told that 1) must be written by an attorney 2) only requires that 2 witnesses also sign, or that it only need be in writing.
Several years ago I made an oral agreement with my mother.
Several years ago I made an oral agreement with my mother. I provided $5000 as a down payment and her and her husband (not my father) purchased a home on my behalf. About six months into the deal, an unexpected monthly expense appeared. I was told it was my responsibility as it was 'my home'. So I paid the sum and continue paying the HOA.I was given an amortization schedule and told that I would pay a sum over and above the rent to cover other expenses. (Taxes and insurance I imagine)There was no rental agreement made. Neither oral or writing was the word rent discussed.Fast forward 4 years and I can obtain a much lower interest rate and a property tax exemption. I was told it was theirs and not mine. What legal rights do I have?They are on title
We wish to enter into a joint venture with a developer to
We wish to enter into a joint venture with a developer to develop some land. The land has a mortgage. I assume we will need permission from the mortgage company to sign a joint venture agreement. What is their attitude likely to be? What if anything, wouldthey want?
What does the following Mean:ABC Company LLC a Florida Limited
What does the following Mean:ABC Company LLC a Florida Limited Liability Company, the "Granto's", of XYZ, collectively the "Grantee's", do hereby convey, release, remise and forever quitclaim unto Mr. Smith, a single man the following described premises:...............
I have just acquired a 2 acre commercial property with several
I have just acquired a 2 acre commercial property with several renters. One of the renters has gone to the expense of placing landscaping stones into the ground of a garden area of the property for pathways, walls, etc. It's no small amount of stone. It would require quite a bit to replace, and also quite a bit to repair the damage if the renter takes the stone when he leaves. So my question is, who has the right to the stone when the renter leaves?If he has the right to the stone, does he have the obligation to repair the holes and gaps that are left behind?
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Hello the home I am living in has been foreclosed on and aView more real estate law questions
Hello the home I am living in has been foreclosed on and a new owner has purchased it, my original landlord took, the refrigerator, dishwasher, stove and wash and dyer during his bankruptcies to sale to pay off some of his debt he owed (he told me) I was told to stop sending him payments also. My wife and I replaced all those items and replaced the air-condition unit that went out also, all which I have receipts to prove my purchase. The new owner wants to give me $2,000 for cash for keys and 40 days to move. The air-conditioned unit cost $2,600 is still under warranty and has only 4 months of usage on it, I am asking to be compensated something for it, they are telling me because it is a permanent fixture to the home it now belongs to them, they are saying because I lived in the home a year without making payment, I should be more understanding. I told them you just purchased a as is home, you have nothing to do with my pass payments, you have only owned the home 7 days. My question is are they right is my air conditioner and other items theirs now, am I been un reasonable for wanting cash for keys and something for my A/C unit., If so If would rather be paid for my unit and they keep there cash for keys. I live in Las Vegas Nevada so please be licensed and knowledgeable with Relator laws in my area.