I don’t want a row when I pump up the volume
QMY FLAT needs soundproofing because I enjoy playing music quite loudly and don’t want to cheese off my neighbours in the flat upstairs. I am not sure who owns the space between my flat and theirs.
Can I just do the work, as it will benefit them especially as I do not expect them to pay towards the cost?
ACHECK your lease, of course, as it should define the extent of the demised premises, ie your flat and the extent of the parts of the building that are retained by your landlord. Long leases of residential property often provide that the whole building is retained by the landlord apart from the premises demised to the various
QWE ARE thinking of buying a freehold house on a private estate but have been told by the estate agent that an “estate charge” is payable. He doesn’t know how much it is and though we have heard of service charges for leasehold flats we have never heard of an estate charge. What is it — and what is it for?
APROPERTY owners on privately owned estates are usually required to make a contribution towards the upkeep of communal areas. This is generally known as an estate charge and is levied to help fund services, repairs and maintenance on the estate, and means that all the property owners share the cost.
The estate charge is not used to pay for the repair and maintenance of individual properties but is used to fund services that benefit the whole estate, such as street lighting, the landscaping of gardens and the upkeep of the private roads. lessees. The lease will also usually define in some detail the main structure of the building, and that generally does include the areas below the floors and above the ceilings.
Your lease is also likely to state that prior written consent of the landlord, or a licence, is needed for alterations. If this is so, make the necessary application to your landlord for consent to install the soundproofing. Generally such an application involves the lessee providing the landlord with full details of the intended works, details of materials to be used, plans and drawings and possibly a surveyor’s report.
Find out your landlord’s requirements and also tell your neighbour about your intentions. If your flat is in a listed building, listed building consent may be needed. IF YOU have a question for Fiona McNulty, please email legalsolutions@ standard.co.uk We regret that questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property. Sometimes all the property owners on a private estate pay the same charge but the figure can vary, too. For instance, estate charges can be calculated according to the number of rooms a property has, or its floor area. The charges can also include a management fee for the estate.
The title deeds for the property you aim to buy should confirm the amount of the estate charge payable, the date upon which payment is due, to whom the payment should be made and what services the charge covers.