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Do we need to disclose problems from tenant neighbours?

15 replies

crankysaurus · 19/09/2020 08:40

Just that, we're looking to sell and have been told we don't have to disclose the past noise nuisance and aggressive behaviour problems from neighbouring tenants, only issues with the owner occupiers and property issues (of which there are none).

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DeeplyMovingExperience · 19/09/2020 09:01

Do you mean the tenants are no longer there?

If you have aggressive/noise nuisance neighbours, you really do need to disclose that.

CrotchetyQuaver · 19/09/2020 09:14

If your solicitor told you that, then assume it's correct. If it was some random on Facebook or whatever then I would get a professionals opinion as to whether they're correct or not.

Heronwatcher · 19/09/2020 09:54

One of the questions on the property information form you have to complete is
2.2 Is the seller aware of anything which might lead to a dispute about the property or a property nearby? If Yes, please give details:

In my view, issues with tenants would definitely fall within this section and probably others. If you don’t plan on mentioning it then definitely get an absolute assurance in writing from your solicitor that you don’t have to. I would also really think about it as it is a pretty mean thing to do and could backfire depending on how bad it is (if you lie on the forms then you could be sued for compensation or the buyer could refuse to complete).

crankysaurus · 19/09/2020 10:07

It was advice from the estate agent, he seemed pretty sure. We'll raise it with the solicitors when we appoint (getting ready to put on the market), we're fully ready to disclose and be honest, definitely aware that it could backfire otherwise.

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ALLIS0N · 19/09/2020 10:08

You are taking legal Advice from the estate agent ???

crankysaurus · 19/09/2020 10:09

It was very much contrary to what we understood but then we're quite aware we're not experts.

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wedidntstartthefires · 19/09/2020 10:45

Estate agents are famous liars, I would take everything they said with a pinch of salt!

purpleme12 · 19/09/2020 10:50

I agree with others, don't trust estate agents

Nikhedonia · 19/09/2020 11:13

I wouldn't trust most of the Estate Agents I've met to tell me the correct time.

crankysaurus · 19/09/2020 12:32

Fair enough, point taken about EAs! Will see what the solicitors advise.

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SunbathingDragon · 19/09/2020 12:34

I think you need to declare it but your solicitor will be the one to advise correctly - make sure you advise your solicitor in writing in case the wrongly advise you and the buyer sue.

mellowgreenspring · 19/09/2020 12:37

Hello, we had this Issue and had legal advice, did you ever report or make any complaint officially against the noise? If not then you are not legally bound to declare any dispute. What you decided to do is up for you after that point, that comes down morals not law!

mellowgreenspring · 19/09/2020 12:40

Also I 100% second the advice about estate agents, the reason we ended up in a House with a dispute in the first place was because an estate agent failed to tell us there was a right of way dispute on a private road, which is impossible to overturn. They knew full well there was an issue, but it only impacted the house we bought and the solicitors wouldn't of known it was an issue.

joystir59 · 19/09/2020 12:40

I think you have to declare if there have been neighbour issues that have been reported to police/council/landlord

crankysaurus · 19/09/2020 16:44

I think we're going to be up front with the solicitor and see where we go from there, if they advise that we don't need to mention some things then we're fine with that. Will take up the advice about putting it in writing, that's a good idea.

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