to want to get out of this house? Really appreciate opinions on what you would do

[bubbleandsqueaks]

Our neighbours have made our life hell since we moved in four years ago. None of them work and they use their back garden and front garden like a car garage to mend vehicles for cash. Their sons (18 and 16) hang around the front of the house in the evenings with all their friends which disturbs us and worst of all my 3yo dd who has to go to sleep listening to their swearing and shouting.

We have had to involve our local councillor to try and solve the noise issues which worked and things are slightly better now. The teenagers are no longer as bad, although I do still feel intimidated when I have to walk past them. All that can be done via official channels has be done and the noise they make now has to be tolerated. I hate using the garden, once they realise we are outside they come outside and start swearing and shouting to each other and I hate dd1 hearing it.

Our other neighbours have been no help in trying to resolve the issues, even though they affect them as much as us and one lot even thanked us for making things quieter They keep their heads down and their mouths shut due to fear of repercussions. I don't blame them, we have had our TV ariel damaged, our house egged, our car had brake fluid poured over it. This was at the height of the trouble about 2 years ago.

We reported every incident and eventually things calmed down. Last week however one of the neighbours sons friends threatened dh and near enough chased him, the following night he broke our front fence and then after the police had been round he came back shouting things at the house. All this was reported to the police and is being dealt with.

But I have had enough, I can't keep fighting and living in fear. The problem is though we are in a mess financially. We are in a debt management plan which will take about 6 years to pay off and on an interest only mortgage.

We had an estate agent round yesterday and to let our house out and rent a smaller one we would just about break even, but it would take us a long time to get into a position where we could a deposit up, pay the letting agent a months rent to let our house out, do minor repairs in our house etc. And we are in such a weak position financially that having a house with no tenant would break us.

If we sell, after fees, we would walk away with about £10,000 which would pay off half our debts but then we would never be able to buy again as we could never save like that again for a deposit - we have 2 dc now! So we would be renting for the rest of our life. Which worries dh, he worries about paying high rent in old age, being forced to keep moving if we rent etc. I think having a big mortgage, which until I return to FT work we won't be able to pay is pointless.

Its causing us to argue, he wants to stay put and doesn't think they should drive us out. I'm not sure how much longer I can live like this - AIBU to think renting for the rest of lives (we are 30) isn't the end of the world.
I think dh needs stability. I need to get out.

I will start a thread in legal once I've put dd1 into bed - something useful might come out of it.

I've shown dh this thread and he is even more convinced we need to stay put

Ah, I see the mistake I made. But still the point remains, you will have cleared a lot of your debt, and that money could be saved.

It is hard to face 'starting again' in your mid 30s, (which is what you would be by the time you'd got to the working FT again stage), but then quality of life is more important than any house. I'd try to get out.

I agree with Kayah, report your neighbours about their non declared work. Not sure on the law in England (I'm in Scotland), but am under the impression that you don't have to declare problems with neighbours such as noise etc. You do have to declare issues with maintenance, boundaries etc. Not very nice for whoever bought your house but its up to them to do the fact finding........ The only problem is if you are asked to put anything in writing, then you are in a different position re: noise probs etc. HTH. Hope you find a resolution cos it is a horrible situation being in a home with crazies living next door esp. with dc's.

Weemee

Wasn't trying to be patronising. Couldn't tell from your name that you are an accountant No, but I hold out some hope that it's apparant I have a brain - maybe I'm too optimistic!

There are a great many people who rent privately and without problems. I don't see it as unstable and its no more unstable than having a mortgage I struggle to pay in an area where I feel unsafe. Renting has allowed me to save a large deposit over 5 years. I would not have paid off as much of a mortgage in the same space of time, and thats because my rent is less than a mortgage would have been

There are a lot of people renting who get moved from pillar to post?! The OP's rent wont be less than her mortgage, she will have to get a smaller place to pay similar to her mortage - so she is not creating a surplus like you are.

You are stating that housing will go up in price as fact. That is opinion

When, since the building of caves, have the house prices not gone up in 10 years?

I agree on one thing. This is a good debate Yep

(Where abouts in Scotland are you? Did you post on my Scotland thread - I think not )

FPT More likely it would bring the time it's repaid over down, rather than the payments - so maybe 4 years not 6. Quality of life is important, absolutely, but it's subjective what would give them the best quality of life isn't it :(

Rather jumbled thread started in legal - not sure if it asks what I need it to, I am quite sleep deprived and having wrote it all out once on this thread was trying to keep it short on the new one

Quite scared to check the thread actually as I'm sure I'm going to get flamed for trying to sell the house 'dishonestly'

Caves happen.

Needn't have worried as no one has replyed on it anyway

Maybe a high interest rate will force our hand - when are they expected to rise and by how much?

Just realised I missed freshmint post at 18:41:41.

Is that really an option?

Would we be able to get our house repossessed?

Would we be able to go bankrupt?

Who at the council do I speak to if our house gets repossessed?

Our credit record is ruined for 6 years anyway due to DMP.

When you go bankrupt your record is scarred for six years.

If you make yourself intentionally homeless you are not guaranteed council housing.

You would have to default on your mortgage to be up for reposession, your house will be sold for far less than you would get, leaving you owing more than the current 160 on your mortgage. You would have to go bankrupt to recover.

YOu will have to start from scratch.

£10k you say you will make from the sale of your house will pay a month in advance and a month deposit on a rented house, you could also allocate moving costs in that too.

So you could pay 7.5k off of your debts safely and move.

If we could sell after declaring those disputes

Remember with council housing you get a shit flat first. But you have to stay in hostels initially, you only get one offer if it is emergency accomodation and if you don't take it that's your lot.

All Housing Packs were scrapped in May 2010.

So you don't have to declare any disputes.

See here

www.bbc.co.uk/news/10130254

Yes it is an option

You could get your house repossessed if your mortgage was in significant arrears and you didn't fight any repossession

Also I don't know the level of your debts exactly but you can go bankrupt on your own petition if you are unable to pay your debts ie your debts are greater than your assets and your income does not support sensible repayment.

It may be that you can manage your mortgage payments and your debt payments etc in which case bankruptcy isn't an option. But if you can't and you are going further into debt then it is something you can consider.

If that is the case, then you need to speak to citizens advice and/or the council housing team. Tell them you are sinking under debt and it looks as though you may have your house repossessed - would you be eligible for housing?

Again you asked for opinions and I wanted to flag that up as a possibility

She can sell her house without stating anything about disputes, why let 10k just be flushed down the toilet for nothing

When you become bankrupt they take everything but your wedding ring, if you have any jewellery they take it, if you have a car worth more than 1k they take it. They took my £5.00 premium bond.

I would not advocate under any circumstances going bankrupt.

Fabby see my thread about disputes

For info, I'm in England and currently filling out a Property Information Form in the process of selling. These are standard forms. Relevant qns for your situ include:

Qn 2.1. Does the seller know of any dispute or anything which might lead to a dispute about this property or any neighbouring property? If yes, give details.

2.2. Has the seller made any complaint to any neighbour about what the neighbour has or has not done? If yes, give details.

Qn 3.1. Has the seller either sent or received any communication or notices which in any way affect the property or the neighbouring property (eg. from or to neighbours, the council or a government department?)

3.2 Has the seller had any negociations or discussions with any neighbour or any local or other authority affaecting the property in any way?

fwiw though, people lie on these forms all the time, lots of people sell properties affected in this way, and I know of no-one who has been sued.

Very sorry for your situation, hope you find a way out.

bubble please don't consider going bankrupt unless you really and truly can't afford all your debts.

This thread seems to have progressed into something bigger than 'should I move because I can't stand the neighbours' and you're getting financial advice from people whose experience you know nothing about.

Please sit down with your DH and make sure he understands your concerns and unhappiness about your current situation, and listen to his thoughts on the subject too.

It may be harder for you because you're at home with a baby and have to live with it a lot more than he does - this might not be something he realises.

Speak to your mortgage company about whether you can move your mortgage to another property and take the discussion with your DH from there.

If you're concerned about your debts speak to CAB or National Debtline - both will give you good advice.

Good luck and I hope it all works out okay for you.

The thing I haven't heard here is, if you do sell, what about the poor people who move in?!

I can't believe you have had no help and that they havent been evicted - that is awful

Go to the Daily Mail?!

btw plumm I have consistently told her to go to CAB or a free proper debtline so let's not be rude shall we

Obviously she couldn't go bankrupt UNLESS she was unable to pay her debts as I also said

Ditto I told her to speak to her mortgage company

what does your post add to anything apart from being snide to other posters?

freshmint, the OP came on asking for advice regarding problem neighbours and whether she should stay put, sell or let the property and you told her to consider repossession and bankruptcy.

This is ridiculous advice. Her family would lose everything and she would be dependant on state help just to put a roof over her children's heads. We have no idea what she and her DH do for a living but there are some professions they would not be allowed to work in if they have ever gone bankrupt.

My post was intended to highlight to bubbles that the thread has gone way off track and she needs to focus on the problem in hand (the neighbours) and not follow unsolicited advice on her financial state.

If we were to get sued whats the worse that can happen, we have no money and we won't have a house, the car was worth about £500 when we bought it

This is an issue for the HA and the local council to sort out the family - you need some support to get this done.

Right I have dug out the SPIF that the previous owners filled in and they have basically lied through their back teeth. They say they never had any disputes, made no formal complaints and never asked the neighbour to stop.

This is all lies.

I get free legal cover with work and am now waiting for a phone call back.

Please dont go bankrupt and assume you will get a council house.

The waiting list round here is 10 yrs and I know other areas have similar timescales.

Even if you are homeless you wont automatically be given a house. You will have to spend some time in a homeless unit.

If I were you I would grit my teeth and hold on. Those teenagers are going to be adults very soon and will be moving out. If not, you have to focus you're efforts in having THEM moved. Have you spoken to your local MP?

Privately renting is extortionate so if you sold your house it will be very difficult to buy again as you will have little spare money to save. You can be evicted on a whim and it is very unsettling when you have lo's.