[2025] UKUT 342 (LC)

Did the appellant, Mr Peter Calnan, breach a covenant in his lease when, in 2020, he failed to lay carpet with underfelt immediately beneath it on the new floors he had installed in the dining area, hall and entrance lobby of his flat at 12 Stack House in Oxted, Surrey? If Mr Calnan did breach the covenant, was he still in breach after August 2023, when he laid wall to wall carpeting in the same area, on top of which he placed some rugs, without any underfelt between the new floors and the carpet?

Those questions arise on Mr Calnan’s appeal against a decision of the First-tier Tribunal, Property Chamber (the FTT) of 16 December 2024 under section 168, Commonhold and Leasehold Reform Act 2002, by which the FTT determined that Mr Calnan “is in breach” of the relevant covenant in his lease (without specifying when the breach occurred but implying that it was continuing).

The relevant covenant is included in a lease first granted in May 1976 and is in these terms:

“The Tenant shall furnish all floors of the premises with sufficient underfelt and carpets (except those in any bathroom or kitchen) to minimise the induction of sound from the premises to any other parts of the Estate”

Permission for the appeal was given by this Tribunal. At the hearing Mr Calnan was represented by Priya Gopal and his landlord, Stack House Residents (Oxted) Ltd, was represented byElizabeth Fisher. I am grateful to them both for their assistance.