Would you declare this on property selling form?

[Ltc2020]

Hi guys,

I am a worrier (i have anxiety) and I would like some opinions on this situation as I'm unable to see it without anxiety clouding my judgement.

I am selling my maisonnette in London and a neighbouring property has HA tenants. The property is not an HMO however it effectively operates like one, I believe it might be 3/4 studio flats or 3/4 rooms, not too sure, but it is not an HMO (because all the HMOs around here are on a register and it is not on it). I don't think the private owner was allowed to modify it in this way but he did. In 2019 there were some awful tenants in there, neighbouring properties and myself complained to the landlord/council and they then left or were evicted, again not sure as it got resolved so I didn't follow up. The current tenants are fine and respectful but I have to say it has had some ...odd... people in it in the past. The property was not declared to me by the person who sold me my property. They just said it was converted in a certain year and then rented and I didn't think to ask further (first buyer naivity).

I am gearing up to sell and I'm really nervous about this situation and the property information form. My life savings are in this property. Do I have to declare this as possibly a future problem? My friends say no because there are no current problems, but I do need to declare past issue and it is on buyers to ask for further info. I also think it's a bit crude to say that HA tenants could pose a future problem, I mean it screams middle class NIMBY. However, I'm really nervous about ever being sued in the future for not declaring something. Do I need to declare that it is 3/4 rooms let to HA tenants?

I know I should ask my solicitor etc. but I'm looking just to get some opinions.

I definitely wouldn’t include it. No issue with current tenants and no reason to think future issues.

No.

If you’ve complained to the council, doesn’t it legally have to be declared?

Ah sorry re read, I’d declare all I’m legally obligated to.

@Shamoo @BotterMon thank you for your quick replies. And you're saying no even though this landlord I think was not allowed to convert it this way?

@Justsleep yes I think I would have to say I complained to the council about those tenants in 2019 but that is all I would say, and that they have left. I don't even have the correspondence anymore so I can't even remember exactly what I said :/

No need to put on the form. You haven’t had any trouble from them, haven’t had any disputes, haven’t had police involved etc. it’s none of your/their business who lives next door and what their financial/legal arrangements with the landlord are. Forget about it.

No I wouldn’t as you’ve had no issues with the current tenants and no reason to assume future people would cause problems just because someone in the past did.

I’d forget about the whole thing, the complaint to the council would only be valid if the same people still lived there, they don’t now so there’s nothing to declare.

Don’t do this, the issue in 2019 was with someone who no longer lives there, it’s not relevant to the current tenant or the landlord now.

@Hotandbothereds Thank you for your advice. Isn't there a question about past disputes/problems etc which this would fall under?

All you need to say is
In 2019 neighbouring properties and myself complained to the landlord/council abput issyes with tenants at the time. (Say it was noise or whatever it was).and the tenants then left. The current tenants are fine and respectful. No further issues noted since 2019.

Noneed for other details.

It's resolved ( because they have left ) so I understand you don't need to say anything

@cestlavielife thank you! I think it's because the nature of the property tends to attract some difficult people to live next to, which is why I'm worrying about it, but as you suggest I cannot predict what will happen and can only speak for now (everything fine) and the past (2019)

I would ask your solicitor if you need to declare the 2019 complaint, even though those tenants have left.

You definitely don't need to give any detail regarding the non-registered HMO, as that's nothing to do with your property.

FYI landlord is operating as a HMO but without licensing. He has obviously chosen not to apply which is a far bigger problem than what happened in 2019

I'd say it's upto the buyers to research the area and get a feel for it.

The tenants you complained about don't live their anymore. I wouldn't declare that.

You don't need to declare it as it is not an issue with the current tenants.

Oh and the HMO issue is nothing to do with you. You aren't expected to police other people complying with the law and research the intricacies of that.

I know you have anxiety, but please don't let that scupper your chances of selling your property. By declaring it, people will naturally assume it is a current issue or you wouldn't have declared it.

Ask your solicitor for advice. That’s what you are paying them for !

@Reagol I guess it feels like it is to do with my property because it neighbours it. But I see what you're saying, it's nothing actually to do with my property.

@TimeToGoUpAGear ok, thanks. Yeah, whilst I speculate he's probably operating illegally (I do not actually know) I have not disputed it or spoken to him etc. Neighbours etc. had a big whatsapp moan about it maybe in 2019 when those bad neighbours were there and how we think it is not being run propertly, but I do not believe anyone actually took action about it. Thank you for your comments, that makes sense people would assume.

You don’t have to declare it and 99% of people wouldn’t.
You can choose to declare it if you want but don’t be surprised if you find it harder to sell your property

If you are worried, ask your solicitor for advice. If there are no 'live' problems, I suspect they will to tell you not to worry about it. But you'll have done your best to do the right thing if you take your solicitor's advice.