Selling house - neighbour smokes weed

Mymmy · 2021-10-26T02:11:20+00:00

We’re selling our house. Our next door neighbour smokes weed several times a day whenever he’s home and it comes into our garden, and inside our (terraced) house if we leave the windows/back door open. We’ve had a horrible WhatsApp row about it - he thinks it’s just a ‘waft’ but it seems to give me a headache, and I don’t want my kids growing up around it. He doesn’t do it if he notices my kids are in the garden. I’m aware lots of people aren’t bothered by it/ think it’s fine, but I hate it. Does anyone know if we have to declare this to a potential buyer? Does this count as a ‘dispute’ for the sellers’ information pack? I certainly don’t want to sell it to someone with kids in case they hate it as much as I do. I feel like we should say something morally but is that mad?!

Bogeyes · 26/10/2021 04:08

It stinks. I hate it.

silentpool · 26/10/2021 04:15

Get an air purifier while you are selling it - it reduces the smell. Not everyone is bothered by it, as you say, so don't feel guilty. I don't believe it's a dispute until you've formally complained or taken action - but check of course.

Dinosauraddict · 26/10/2021 06:50

Yes I believe that would count as a dispute you would need to declare

NeedAHoliday2021 · 26/10/2021 09:56

No, no police called or reports to council made just a WhatsApp conversation. That’s not a declarable dispute in my mind - check with solicitor to be sure.

Meandmini3 · 26/10/2021 10:17

It’s not an official dispute.

TakeYourFinalPosition · 26/10/2021 10:19

Check with your solicitor.

Officially it’s probably not a dispute, but it’s debatable, and there’s obviously proof that you knew about the problem and raised it with him… so legally you may be better to declare it and not risk any comeback should your buyer find out about it. But your solicitor would be best to advise.

Original poster

Mymmy · 26/10/2021 11:06

Thanks for the advice. I’ve spoken to citizens advice who think it doesn’t need ‘officially’ declaring on the form.

However I still wonder if we should mention it so our buyer is ok with it. We want to live very close by and it’s a ‘villagey’ area of town where lots of people know each other. I’m not alone in not liking it I don’t think.

OP posts:

Hope478 · 26/10/2021 11:20

It's not a dispute. You dont need to declare it.

If you choose to declare it, you probably reduce the amount of people who want to buy from you by most.

I think you're being very kind, but you won't sell your home.

DespairingHomeowner · 26/10/2021 11:22

@Hope478

It's not a dispute. You dont need to declare it.

If you choose to declare it, you probably reduce the amount of people who want to buy from you by most.

I think you're being very kind, but you won't sell your home.

^ this

Try to seal your property as much as possible and arrange morning viewings so he’s not smoking/when he’s not there

FurierTransform · 26/10/2021 11:30

No, it won't require declaring. Best hope I guess is to hold your nose & negotiate with him to not smoke when you have viewings?

It's incredibly selfish of him though and I don't know why it's seemingly increasingly tolerated/accepted by society - it smells revolting.

TakeYourFinalPosition · 26/10/2021 11:30

@Mymmy

Thanks for the advice. I’ve spoken to citizens advice who think it doesn’t need ‘officially’ declaring on the form.

However I still wonder if we should mention it so our buyer is ok with it. We want to live very close by and it’s a ‘villagey’ area of town where lots of people know each other. I’m not alone in not liking it I don’t think.

Citizen's Advice usually caveat their advice with saying that they don't provide legal advice.

If you're selling; you'll need a solicitor - I'd run it past them when you get to that point. You don't want to reduce your chances of selling your house, which you may well do; but equally, and especially if you're intending to live nearby, you don't want bad feeling between you and the buyer.

You can argue this one either way. It's not an official dispute; but the general law society advice is that anything that is in writing should be declared, and you have WhatsApp messages... so let your solicitor advise you; so that if there is comeback, you'll have someone to assist you.

Original poster

Mymmy · 26/10/2021 14:45

My fear is we will struggle to sell, but our area is very ‘hot’ at the moment and we had an interested private buyer earlier in the year who wasn’t bothered but unfortunately the timing wasn’t good. I really don’t want to risk being sued or creating bad feeling in our area.

(The neighbours have been awful about it in my view and they think I’m the one with a problem. So my ego wants validation that I’m not bonkers, while my desire to sell our house quickly wants there to be lots of people who are relaxed about it).

OP posts:

Hope478 · 26/10/2021 14:57

No one will want your house knowing someone smokes weed into your house from next door.

earsup · 26/10/2021 16:25

I don't think its illegal to smoke it in own home...only to cultivate and sell....tricky one....

smoko · 26/10/2021 16:28

Who would declare this?!

Maybe some chill weed smokers will buy your property & love your neighbour.

It must be annoying it gives you a headache.

Maybe light some incense or a candle?

I think you're stressing out a lot over something which may not even be an issue to a potential buyer, as they may smoke it themselves or not be so sensitive to smells.

Take a chill pill or smoke a bowl babe
x

Pumpkinstace · 27/10/2021 01:34

@Hope478

No one will want your house knowing someone smokes weed into your house from next door.

I wouldn't be bothered by it.

Somanysocks · 27/10/2021 05:26

@earsup

I don't think its illegal to smoke it in own home...only to cultivate and sell....tricky one....

Not true, it is illegal.

Aphrodite31 · 27/10/2021 05:40

@Hope478

No one will want your house knowing someone smokes weed into your house from next door.

This

YanTanTetheraPetheraPimp · 27/10/2021 05:49

I wouldn’t buy a property in this situation. I honestly don’t know what to suggest other than finding out does it constitute a nuisance factor that the council can do something about?
I suspect that there’s nothing you can do.

Wotsitsits · 27/10/2021 06:18

You are completely overthinking this OP.

No, you don't have to "declare" it.

Buyers are adults, y'know? What on earth could anyone do to you after buying the house from you? This is why people have viewings and surveys, it's their responsibility to decide if they want the house or not.

Honestly I don't know who has said what to you but calm down, get the house on the market, price to sell and enjoy moving the F away!

GiantSweetcorn · 27/10/2021 07:50

@YanTanTetheraPetheraPimp

I wouldn’t buy a property in this situation. I honestly don’t know what to suggest other than finding out does it constitute a nuisance factor that the council can do something about? I suspect that there’s nothing you can do.

Don't do this - if you approach the council about it it does become an official dispute you have to declare.

Mantlemoose · 27/10/2021 07:59

I am the same with weed, it gives me migranes - the ines that leave me crying in my bed tryingto get rid the pain. Hopefully I would be able to smell it when viewing but if I didn I'll be honest I would come looking for you for not disclosing it and so I would do everything I could legally for you putting me in this position. You obviously have ill effects yourself so why on earth would you find it acceptable putting someone else in that position?

Original poster

Mymmy · 27/10/2021 10:15

@Mantlemoose

I am the same with weed, it gives me migranes - the ines that leave me crying in my bed tryingto get rid the pain. Hopefully I would be able to smell it when viewing but if I didn I'll be honest I would come looking for you for not disclosing it and so I would do everything I could legally for you putting me in this position. You obviously have ill effects yourself so why on earth would you find it acceptable putting someone else in that position?

This is why I’m veering towards being honest despite others advising I’m overthinking/a bit mad :) It might take longer to sell, but we’ll never really be free of this if we inflict it on someone like us who hates it/suffers ill effects. It doesn’t come inside the house when all the windows are closed. So winter is much nicer. Thanks for the varying advice all

OP posts:

TwoLeftSocksWithHoles · 27/10/2021 14:08

Tell him, in passing, that a policeman is coming to view the house, although you're not quite sure what day.

TwoLeftSocksWithHoles · 27/10/2021 14:10

... he works with the drugs squad,

... with his dog.