What does the Lease say?

What does it mean in plain English?

Whatever sound flat owner or tenant is producing inside the flat must not annoy the neighbours. Between 11pm and 8am no sound must be heard outside of the flat.

“Annoying the neighours” usually means repeated excess noise that impact more than one neighbour. During the day, most of us are quite tolerant of sounds travelling between flats. “Annoying the neighbours” and exceeding 34 dBA at night are breaches of the lease.

Originally, lease stipulated that all apartments must be carpeted. In 2023 AGM voted on the amendment to this, allowing different floor coverings at the discretion of Winnals Park - who may withdraw the permission at will. New floor covering must be “suitable” which means its soundproofing qualities must match or exceed carpeting.

Current regulations stipulate no more than 45dB sound travelling and 62 impact sound (kids jumping) as per current building regulations .

Sometimes the idea of what private residence is for get lost on some people. Using flats, by owner or by tenant for things like religious worship, laundry service, frat house with non-stop partying, breeding dogs etc, etc, is likely to result in breaching of the lease

Flat owner or tenant is responsible for visitors or children “under his control” not to make undue noise on the estate.

Pets can be noisy. If they “annoy the neighbours with squawks and screeches (parrots), yawling (cats), barking had howling (dogs), the flat owner or tenant is breaching the lease. The permit for keeping pets can be withdrawn and there is no appeal.

Noisy neighbours constitute nuisance, annoyance and inconvenience. Estates reputation would suffer if the matter were not addressed by Winnals Park (WPHHRA Ltd). Winnals Park is an estate of respectable residential flats and it has legal obligation to remain so. Causing nuisance is a breach of lease.

Winnals Park has an obligation under the lease to provide and maintain conditions on the estate that promote “quiet enjoyment” of the apartments for owners and tenants.

It means that it must be willing to act for the benefit of the flat owner or tenant if the report of noise pollution is received. Where tenants are involved, flat owner is expected to give tenants notice. If the culprit is flat owner himself, the procedure under the breach of lease can be started against him.

If flat owner or his tenant breaches the lease, Winnals Park can request that the lease is complied with, giving the leaseholder reasonable time to remedy the breach. All costs incurred in communicating with flat owner are fully recoverable with maintenance charges, including costs of Managing Agents and Solicitors correspondence with leaseholder and all cost of obtaining any evidence. of the breach. .