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Our buyers saying we didn't disclose neighbours.(264 Posts)
So we sold our house and exchanged and completed a few weeks ago.
Moving as we had to move area for work.
On solicitors forms it asked if we had any neighbourhood disputes, we answered no, which was true.
We were one of the middle houses in a terrace. One side had 4 teenage boys and parents and the other side is a multi occupancy let.
Both properties had noise coming from them which was to be expected, multi occupancy house had people smoking outside and chatting in normal volume voices until maybe 10pm, other side the teenage boys bickered occasionally and slammed doors when in a strop.
Both houses played music, but never past 10pm and not loud, just at music listening volume!
I've got noisy pre schoolers, so guessed that we made noise of our own.
Anyway, our buyers ended up with my email address and we've been getting constant emails saying we should have disclosed the neighbours and how loud they were on solicitors forms.
They are threatening to sue us and say that the noise is at an unacceptable level and I should have told them.
I feel awful as they've spend half a million pounds on a property that they clearly aren't happy in, but we lived there happily for 6 years and classed it just as neighbour noise.
What can I do? Can they sue?
Speak to your solicitor who you sold through. They can advise you.
Someone more knowledgable than me will be along. But I believe the form asks for neighbour disputes not if there is anything about the neighbours behaviours that might be annoying to people that live there.
If you didn’t complain to them, the police or the council it’s not a dispute.
I’m guessing they have either asked for or will ask for some form of compensation. Just say no and go ahead and sue you. They’ll have to prove it.
I don’t think that stand a chance in hell of suing you so I wouldn’t lose sleep over it.
The thing that is worrying me is that about 2 years ago there was a couple in the multi occupancy house that used to have violent domestics. We called the police a few times, and they moved out.
We didn't disclose this either, as it wasn't a dispute, and the couple no longer lived there.
Will this show if they ask for records of complaints?
How can they sue you , they consider the noise is an unacceptable level , you did not think that . Unless you have actually made complaints about the noise to the council or the neighbours landlord ( HMO side) I can’t see they’ve got anything to complain about . I would be more interested in how they got your email address .
If there has never been a recorded dispute or noise complaints etc then i wouldnt think there is anything to disclose!!
They really need to speak to their solicitor and you to yours
I wouldnt have dreamed of citing "neighbour smokes outside....can hear day to day living noises" they are just expected surely
Ignore it and notify your Solicitor, they can do an email to their Solicitors to ask them to refrain from contacting you again. How did they get your email address?
I stupidly left our email address, as during lockdown I ordered an expensive parcel that was delayed for weeks and weeks.
I asked for them to email me if it arrived as the couriers were being really unhelpful.
It specifically asks for disputes which is meant to cover things like boundary disputes or heavy levels of noise complaints. If you never made a complaint then there was no dispute and they have no leg to stand on. Its also why I would recommend someone recky a house at different times of day etc before purchasing.
As PP said you need legal advice, did you file any complaints to the LA about neighbours noise/anti social behaviour? Of course they can bring a claim if they choose to, not sure how successful they will be though. One persons level of noise tolerance, is different to another’s.
No, never ever lodged a complaint due to noise.
As said previously, we called the police a couple of times due to loud domestic arguments in the house next door, but it was never a dispute, just anonymous calls and the couple moved out.
Of course not! The neighbours you had a dispute with are no longer in occupancy there, so it cannot possibly be classed as a neighbourhood dispute. That's like saying "yes we had a neighbourhood dispute.....17 years ago at a different house in another city. So not your neighbours, but we have had a dispute". You have an obligation to disclose disputes with current neighbours and details of this dispute.
You never had a dispute with the neighbours. The noise didn't bother you. If they find the noise unacceptable than with all due respect, that really isn't your problem.
I work in the legal field (admittedly not in property law), however I can promise you, they have absolutely no grounds on which to sue you. The house was sold as seen. You had no neighbourhood disputes and thus had nothing to disclose. Noisy neighbours do not fall under the umbrella of neighbourhood disputes. Tell them to sue you, let them waste their money if they choose to. But don't lose a wink of sleep over it.
I'd just block them. It's not your problem.
If you called the police, or you had knowledge of such actions, you should have declared. However, it really depends on the extent of what happened, what action was taken, whether the police have an 'antisocial marker' on the property etc.
The solicitors forms specifically say "neighbour disputes"
Even when we were calling the police due to hearing arguments we never had a dispute with the couple, were more concerned for their welfare.
It was 2 years ago and with previous Tennant's. It wasn't a dispute but a call due to an issue at the time. Neighbour disputes specifically relate to existing neighbours rather than people who loved next door several years ago.
Don't feel awful about it, you have done nothing wrong. You considered it to be an acceptable level of normal household noise.
Don't engage with them.
You would have thought if they were spending this much money on a property, they would have researched the area properly?! Did they know the house next door was HMO?
Don't get into conversations with them except to say you never noticed any excessive noise while you were there.
If they don't back down, speak to a solicitor. However I doubt anything can be done legally and would just block them.
Being cynical is think that if you knew it wasn't your "forever" Home and likely you were going to move in a few years I'd be thinking that you put up with it to avoid having to declare any answer on that very question on the form.......
Music until 10pm and groups of teenagers outside i wouldn't be happy with either and I can understand why they are possessed off
We were present during one of their viewings, and they asked us about the neighbours.
We just said that one side was a family home and the other side was let out.
They asked if we had any issues and we said no, as we haven't.
I wouldn't deal with them personally just in case you get yourself into trouble. But I would talk to the solicitor and go from there.
I can’t get past that someone bought a terrace for 1/2 a million....
I believe that disputes means anything that has required a letter from the council/visit from the police/letter from a solicitor, but I might be wrong. You didn’t have any disputes.