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Property information form / neighbour dispute

22 replies

TheLette · 02/08/2021 19:53

Our house sale sadly fell through because of a situation with the neighbours in the property next door. We declared a historic dispute regarding the previous residents in the Property Information Form, and then just as we were about to exchange, new people were due to move in. The residents are under social care but the new lot haven't been an issue and are less likely to cause problems. Obviously it's cost us a lot of money in the process though 🤨

So when we hopefully secure another buyer, obviously we will disclose the historic dispute. However, do we have to say anything at all about the type of neighbour we currently have, assuming they aren't causing any current issues? There is a section on the form regarding neighbours so I'm not sure how much we need to say if anything.

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lannistunut · 02/08/2021 19:55

No, you put there was an issue with previous neighbours who no longer live there, surely? Ask your solicitor for guidance.

I am not sure what 'under social care' means really tbh?

Ilikewinter · 02/08/2021 20:02

If the issue is with previous tennants and not your current neighbours then is there anything to declare??

AGreatUsername · 02/08/2021 20:44

I wouldn’t even declare it if the neighbour in question has moved! I’m totally sure it only applies to people who actually live there or own the property.

TheLette · 02/08/2021 21:19

I thought you had to declare historic disputes, even if they had been resolved?

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ItsSnowJokes · 02/08/2021 21:21

@TheLette

I thought you had to declare historic disputes, even if they had been resolved?
Only if they still live there! Otherwise it would never end, and everyone would have some sort of dispute on the form. If you really wanted to you can say you had a problem with previous neighbour but they have moved on and no problems now at all. Personally I would leave it off.
PointyMcguire · 02/08/2021 21:59

I’m confused why you declared it if the neighbours you had a dispute with had already moved? If you have no active disputes with your current neighbours there’s nothing to declare surely?

Starseeking · 02/08/2021 22:19

If they've moved, there is no dispute, so nothing to declare.

chukwe · 02/08/2021 22:24

If they was no police report, you shouldn't declare it

TakeYourFinalPosition · 02/08/2021 22:26

I’d get your solicitors advice here.

TheLette · 02/08/2021 22:59

Solicitor said to declare. But I think he was relatively junior and just said that to be on the safe side. The problem residents moved on but the property next door has stayed in the same ownership. We had to complain to various authorities including the police at the time.

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TheLette · 02/08/2021 23:01

Under social care - basically vulnerable people who are dumped there by the council whilst private outsourced providers cream off vast amounts of fees from taxpayers money for "caring" for them. Very poor care given from what I can see. Underpaid and underqualified carers doing the day to day difficult stuff and their bosses occasionally turning up in fancy cars. Anyway that's a whole separate rant!

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lannistunut · 02/08/2021 23:01

The solicitor advised you declare BEFORE the change of tenants or SINCE the change of tenants?

Ruddyknackered · 04/08/2021 15:47

@chukwe

If they was no police report, you shouldn't declare it
Terrible advice.
CasperGutman · 05/08/2021 10:02

As far as I recall, the questions on the form ask about disputes relating to the property and neighbouring properties, not about the neighbours occupying those properties. I would briefly mention the issues with the previous occupants of the neighbouring property, but note that they have moved on and that there is no issue in relation to those residing there now.

The part of your post relating to "the type of neighbour we currently have" is curious. I've never included information about whether my neighbours rent or own their home, and certainly never included or took an interest in whether neighbours were in receipt of any form of social care. If there's a particular question where you think this could be relevant, perhaps you could quote it here?

In the end, you really need to answer the questions as advised by your suitably qualified legal adviser.

Twiglets1 · 05/08/2021 19:24

If you want to sell your property I wouldn’t bother mentioning problems that aren’t even problems any more.
Solicitors will always advise clients to do the “right” thing - but they have nothing to lose personally by the deal falling through and you do.

Blossomtoes · 05/08/2021 19:54

@TheLette

I thought you had to declare historic disputes, even if they had been resolved?
Not if they’ve moved out and aren’t neighbours any more, surely?
lannistunut · 05/08/2021 20:24

You do declare it and then say 'they have moved out' and then there is no issue.

lannistunut · 05/08/2021 20:25

Solicitors will always advise clients to do the “right” thing - but they have nothing to lose personally by the deal falling through and you do.

It is really bad advice suggesting people ignore their solicitor. Of cours ethe solicitor advises you to do the thing that can not result in you getting sued Hmm.

Twiglets1 · 05/08/2021 20:45

@lannistunut

Solicitors will always advise clients to do the “right” thing - but they have nothing to lose personally by the deal falling through and you do.

It is really bad advice suggesting people ignore their solicitor. Of cours ethe solicitor advises you to do the thing that can not result in you getting sued Hmm.

Do you really think people will get sued for not reporting the behaviour of a neighbour who has moved away before the property is sold? Get real
lannistunut · 05/08/2021 22:11

@Twiglets1 if a solicitor advises something is relevant, it is potentially relevant.

Not sure you have a legal background?

TheLette · 05/08/2021 22:14

Thanks all. I am a lawyer myself although I don't do conveyancing. I had a solicitor acting for me and I could tell he was quite junior. He was good but not very experienced and his answer was always to disclose things. I guess I want someone to properly consider and advise me on it. I'll have to escalate this point to someone more senior next time.

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lannistunut · 05/08/2021 22:16

Yes escalate!

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