Neighbour noise/ mess and selling flat - cont...

[chompychompychompchomp]

Hello
I started a thread a couple of months ago about my neighbours and their constant noise and mess - a reminder:
www.mumsnet.com/Talk/am_i_being_unreasonable/2828956-Elderly-neighbours-revolting-noise-and-how-to-deal-with-it

Our flat is now on the market and yesterday, we had an open day. For about an hour, around 20 people visited as we sat in our other neighbour's front room opposite.

After, feedback from our estate agent was positive (it's a popular area and we're pricing realistically) and some have already requested a second viewing.

However, the EA commented that the man next door was coughing, sneezing and shouting the entire time. It was really loud and viewers commented on it. He said the second viewers commented on wanting to see if the noise can be heard next week when they view the property again. I think they all just thought he was unwell but don't realise the noise is heard all day and night, every single day and night.

In a way, I'm happy that others have noticed and think that it's loud. My anxiety levels are through the roof presently what with putting the flat on the market and being made to jump out of my skin throughout the day whenever he makes his noises.

The mess is still a huge issue too. I have spoken with them both to ask f they could hoover sometimes, sharing the work is only fair, etc. When I pointed out bits of rice, cabbage, onion and what looked like public hair in clumps outside their door they said it wasn't theirs and must've blown in through the window...This I can deal with, we'll just clean it up before people view. But the noise - I can't control this...help!

Should we speak to him/ his wife? What would we say? This could jeopardise our sale. I knew this would happen

[ijustwannadance]

Slide a box of antihistamines under their front door.

[Kiroro]

Ugh this is such a shit situation :-(

[Whatthefudger]

As part of the contract protocol forms that get sent as the legal pack to a buyer, you must answer a couple of specific questions about your neighbours and whether you've had any issues at all. A lot of buyers solicitors will standardly ask the question about neighbourly noise.

It's a bit of a shite situation to be in

[chompychompychompchomp]

As part of the contract protocol forms that get sent as the legal pack to a buyer, you must answer a couple of specific questions about your neighbours and whether you've had any issues at all. A lot of buyers solicitors will standardly ask the question about neighbourly noise

But looking on MSE, it appears legally you only have to declare neighbour noise if you've officially reported it to the council or their landlord. We have done neither, and even though there may be a moral obligation to inform potential buyers, I don't think we have to. Not really 100% sure on this however.

[TeaCake5]

Feel sorry for the poor sods who end up buying your place when there is a known noise and mess issue.

[Whatthefudger]

No you don't.. buut a lot of solicitors are starting to raise that as a new standard enquiry. So if you get asked it you must give the info. Tbh it's a grey area and you're right that you only have to declare it if you've made a formal complaint/involved another party, but the grey area works both ways. It protects you from having to declare it on the pi form, however it also can protect your buyer if they realise the issue when they move in. They can sue you with quite a long time bar. But you are right about the formal declaraction but I'm imho it's a lot better to be upfront

[chompychompychompchomp]

Neighbours rent so they may move out soon. Since we've lived here, people have only tended to stay a couple of years or so, but we can't wait for that to happen just on the offchance.

If new buyers complain and decide to sue then how do they prove that it was a known issue when we sold? How can hey prove we deemed the noise unreasonable?

I know it's awful to pass this problem on to someone else but we can't just choose to stay living here in order to protect others from having to live here. Would anyone actually do that?

Thought about mentioning that they are quite elderly and sometimes need a little help to clean up outside their flat. And that he has been unwell recently - which is true - he's got allergies apparently.

[Whatthefudger]

The thing is, in answer to your question. How do you prove it wasn't a known issue? That's where the sticking point will be.

It probably will never ever happen anyway. But if you bought a house/flat and realised the noise was keeping you up and you knew that the neighbours next door were there when your Sellers were there you'd be pretty pissed off. It's horrible because, no, why should you have to stay there and deal with that but on the other hand I feel you should be honest about it

[abbsisspartacus]

Why didn't you put soundproofing in? The do it at b&q it's not a huge expense

[specialsubject]

I think you say they are tenants, and they make a mess in the communal areas. That is probably a tenancy breach.

You could have a chat with the letting agent first, if there was one . look up the address on right move to identify the agency.

This does rely on the landlord wanting to do something, and even if he does decide to evict it can take up to a year. But if they went, would you want to stay?