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Original poster

What can you do if you find out about an undeclared dispute?

21 replies

PieceNharmoknee · 06/05/2009 19:51

I have found out that the previous owner of our house had a dispute with one of neighbours.

This neighbour is the source of a lot of misery for us and had we known then we wouldnt have purchased our house.

What can we do, if anything?

(We brought this house in March 2007)

OP posts:

MissisBoot · 06/05/2009 19:54

there was a phone in on radio two at lunchtime.

speak to a solictor and you can sue the previous owner as they lied to you.

what did they put on the form that they sent you about this?

Original poster

PieceNharmoknee · 06/05/2009 19:59

They said there was no dispute

Would it cost a lot to sue?

OP posts:

vonsudenfed · 06/05/2009 20:11

I posted this almost word for word about a year ago.

The advice I got was that we would only be able to sue if we could prove we had suffered material loss or damage as a result of this, as you would be suing them for damages.

It's a fucker, isn't it. There's every reason for people to lie, because there's no comeback if they do.

Original poster

PieceNharmoknee · 06/05/2009 20:21

Was it a solictor that gave you that advice vonsudenfed?

OP posts:

Original poster

PieceNharmoknee · 06/05/2009 20:43

bumping

OP posts:

ClaireDeLoon · 06/05/2009 20:48

What sort of a dispute did they have? A falling out or something recorded with the police/courts/solicitors etc?

Original poster

PieceNharmoknee · 06/05/2009 20:57

A dispute about the council tennant next door using his back garden as a garage to fix cars and bikes. I know the previous owner complained to the council about it as the lady from the council told us.

I'm not sure if they complained about anything else

OP posts:

Original poster

PieceNharmoknee · 06/05/2009 21:33

It was noise related

OP posts:

Feelingoptimistic · 06/05/2009 21:40

Have no advice, but just wanted to say that I have had the same problem. Bought a flat, and later found out that the seller had a dispute with a neighbour about noise - the neighbour told us about it after we moved in !!! It's also been a source of misery for me, because the it turned out the neighbour is crazy and just kept complaining about any sound coming from our flat. We did not take action, because being a lawyer myself, I know how hard it is to prove things like this, and that taking it to court would probably not be worth it.

vonsudenfed · 06/05/2009 21:40

It sounds like you might be in with more of a chance

my old thread here

Original poster

PieceNharmoknee · 06/05/2009 22:15

What did you do in the end vonsudenfed?

We are really stuck as we cannot move as we would have to declare the dispute we have with the neighbour and that would put anyone off ..so stressed with it all

OP posts:

LauriefairycakeeatsCupid · 06/05/2009 23:41

be very, very careful, this woman has just lost and has to pay costs

www.dailymail.co.uk/news/article-1177774/Householder-sues-seller-lie-nightmare-neighbour.html

Original poster

PieceNharmoknee · 07/05/2009 00:37

Its a double edged sword for us though and I would rather not have to declare past disputes than have to sue our previous owners IYSWIM.

OP posts:

vonsudenfed · 07/05/2009 09:44

That was the conclusion we came to, so we've tried to keep it amicable. And - to my surprise - have rather succeeded, despite the fact that it's one bloody thing after another. Our first issue was their dog - an ex lab beagle with cataracts that barks at anything and everything - but it's now locked in at night and even sedated sometimes. Now the 14 year old son has one of those sodding mini moto bikes that he revs in the back garden, and when he's not doing that he's playing bad techno in his bedroom. But we've now got him only revving between 5 and 5.15 (pm!) and he's moved his speakers. I am quite surprised as I was a weeping wreck last year.

What is clear from that Daily Mail article, is that only 'ongoing' disputes have to be declared. So would it be worth going to some kind of mediation, sorting it out and then waiting a year until it's spent? Or even reporting them to the council? It sounds, from what you say, that he's in a clear breach of his tenancy, so why don't they do something? Might also be worth contacting planning for that, too. Then get it sorted, and it's done and dusted.

Original poster

PieceNharmoknee · 07/05/2009 09:53

Sounds like you know exactly what I'm going through von sudenfed. I can relate well to the weeping wreck.

We did report them to the council in 2007 as they just ruined our first summer in this house, the revving was never ending, all day every day (he doesn't work and his teenage sons rarely go to school) As a result of the surprise council visit they did calm down. We did pay for it however as brake fluid was tipped all over our car.

This year he has brought back the cars, bikes etc and I am in a dilemma. Do I report him and the noise/fumes and risk retaliation or put up, shut up and hope he doesn't get louder once he realises we are not complaining.

OP posts:

vonsudenfed · 07/05/2009 10:42

No, that's actually worse than ours, because next door are noisy but ultimately reasonable. But I think you've got far more of a case.

If I were you, I would arm myself with some information. I'd get in contact with environmental health (for the noise pollution) and planning (about the breach of covenant/business in a residential area) as well as just the tenancy bit. And start keeping a diary of the noise/disruption, as that's what EH will ask you to do anyway. I suspect you could get them under all of those criteria. Plus if it were me, I'd also report the truancy of the teenage children!

And then I would also consult a lawyer. It sounds as though this dispute is 'ongoing', so you might well have a case for suing the arse off the seller, but you'd need a good legal opinion on that.

Then, when you've had a look at it all, decide what to do. Are there other neighbours who are having problems with this - it might be worth enrolling them, as then it's not just you vs them.

Abi12 · 07/05/2009 11:17

Hi, I have been on both sides of this - we used to live in a flat situated on top of a maisonette - our downstairs neighbour found us very noisey and complained to the council about us all the time. The council said they would measure our noise levels (I would have loved them to have done this as I thought we were almost silent most of the time). The council never got round to measuring the noise levels and we have since moved out (having to rent it out due to negative equity) but the neighbour is still complaining about how much noise comes from the flat, even though the tenent is out nearly all the time and only comes in to sleep! It causes us so much stress - if I could sell the flat I would - even if we made a loss! The woman is insane and very aggresive verbaly.

Since we have moved we have had a horrible experience with our neighbours where they slash our car tires and egg our car every time we park on what they consider 'their space' - it isn't their space but it is outside their house - however sometimes people park outside our house and we need to park somewhere!

In both these experiences I have contacted the police and they have offered to talk to the neighbours in question - this has never helped - it seems to provoke people. I don't know what to do when we sell the flat - because we are the ones who are complained about I'm hoping I don't have to declare it??

Sorry for rambling but I really sympathise with you - neighbours can make life such a mysery!! Try not to let it take over too much.

Abi12 · 07/05/2009 11:20

Sorry, forgot to add the police won't do anything about the neighbours slashing our tyres and egging the car because we can't prove it was them!! DH wants to set up a camera - I want to move again.

Original poster

PieceNharmoknee · 07/05/2009 14:23

We have very little money so I'm not sure how far along the solicitor/suing route we could go tbh.

I would love to report them but I scared about what we will do next time. He is a nasty unpleasant man, and thats putting it mildly.

OP posts:

vonsudenfed · 07/05/2009 14:36

I can see that - and I'd feel just the same in your situation. But I think it's worth talking to all of the agencies - explaining your fears as well - as there may be ways of dealing with it that will address this. It can't have been the first time they've heard this. You don't have to do anything, but I think it always helps to have all of the information. And if you are worried about them logging it as a complaint, you can speak to them anonymously.

Re the solicitors thing, check your insurance and credit cards, as you might have some legal cover on that.

Original poster

PieceNharmoknee · 07/05/2009 14:40

I will start contacting the different agencies tomorrow (have to go to work in a bit) and explain our situtaion.

I'll talk to DH about the legal cover later and see what we've got. After all we only need one appointment for now to see where we stand and if we have a case.

Thanks vonsudenfed

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