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Disclosing a dispute when selling, under what terms?

(8 Posts)
Paddlechick666 Mon 08-Sep-08 15:03:12


I'd really appreciate some legal advice in terms of selling a property when you have had cause to report your neighbour for unreasonable noise.

I live in a top floor flat with neighbours downstairs who can go for several days very quietly then several days/weeks with lots of noise thru the evening and at night.

I have laid carpet thru my flat in an attempt to a) cut noise from them (i can hear every word of converstaion in the middle of the night) and b) cut noise from me as they have complained about my 2.10 dd sometimes runs around a lot around bathtime.

Altho this has helped the real problem is their son who lives at home for a few weeks then disappears for a while then returns. He likes to play loud music all evening and chats on his phone/watches TV/argues with his girlfriend into the small hours and his room is below mine.

Anyway, the housing association (I own my property, they are tenents in their property) will write a letter if the noise is late at night etc. If they do this then I believe I have to disclose this as a dispute when I come to sell.

I am really angry about this as it seems I am penalised for whatever I do.

It is getting harder to tolerate their noise and I feel uncomfortable in my own home even tho their behaviour is unreasonable!

However, if I make a complaint it could affect my ability to sell and make them even less friendly towards me!

I wish I'd never bought the place!

Anyway, please could someone confirm under what circumstances you have to declare any neighbour disputes.


tamarto Mon 08-Sep-08 15:50:46

If someones asks i think, the previous owners had issues with our neighbour we only found out after the sale we had asked, they lied. Turns out that the neighbour they had the issue with was nice anyway so we were lucky.

RedHead81 Mon 08-Sep-08 15:54:36

When you sell your house you should get a questionairre and in it you will be asked if you have had any disputes with the neighbours - if you don't disclose any disputes then the new owners would have legal grounds to sue you because you will have signed the document.

Paddlechick666 Mon 08-Sep-08 17:42:55

So I pretty much just have to tolerate it so that I don't have to lie when I sell then.

That's pretty much what I thought.


Thanks for the advice.

findtheriver Mon 08-Sep-08 18:44:08

redHead is correct - the questionnaire specifically asks about any disputes with neighbours. It may well be worth putting up with it and trying to move asap (not easy I know atm). Definitely don't even think about not disclosing something, because you could end up being sued.

Seabright Mon 08-Sep-08 18:51:17

Everyone is right here about the questionnaire, the Property Information Form forms part of your contract. But I often see forms where there has been a neighbour dispute in the past (I'm a property lawyer) and it has never put off a buyer because the situation has been resolved once the complaint has been made.

Your neighbours can't stop causing the problem if they don't know it exists. By just talking to them about it you aren't having a dispute (but it would need to be disclosed) and it might be resolvable - are they reasonabel people?

Would the housing association be willing to put sound-proofing in?

Paddlechick666 Mon 08-Sep-08 18:52:25

yeh, flat has been on the market since the son came out of prison for dealing.

first agent screwed up royally and so now i am in the full force of the slump.

think i will have to stay put for at least another 6m, re-fit the kitchen and try to sell again.

Paddlechick666 Mon 08-Sep-08 20:29:46

seabright, that's interesting. i didn't realise that.

unfortunatley they're not reasonable. in fact they are somewhat bonkers tbh!

the main problem is the son who comes and goes so i guess i could hope that he goes permanently some time soon LOL.

the housing association can only write a letter which would probably be more antagonistic than helpful i expect.

there is nothing in the lease about laminate/stripped flooring and i am pretty sure they don't have carpet in any rooms which won't help as far as noise goes.

they won't do anything about noise proofing either.

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