Declaring neighbour dispute when selling

[Moby36]

Just wondering if anyone has experience of selling a property after making a complaint to the council about a barking dog, and has this affected the sale price?

My situation is a little complicated in that I originally complained to the council, after speaking to the neighbours numerous times, due to the dog suffering from separation anxiety barking. They sent me a letter confirming my complaint and I believe they sent a letter to the neighbours to inform them a complaint had been made against them. To cut a very very long story short, the barking when left alone has thankfully stopped. However, the dog is still prone to barking when in the garden and although this only happens for 3 minutes or so at a time it can be quite frequent throughout the day and can happen anytime between 7am and 10pm. There is a public footpath that runs down the side and back of their garden and the dog barks at anybody using the path. The dog also barks to be let back in, which the owners can be oblivious to for a few minutes.

There’s also numerous random times it starts barking when in the house most recently, any time between 7am and 8pm because it’s wants to go out to do its business. To add to this, she has a new boyfriend who has a dog so even though the original problem has gone, when the garden and random house barking happens it’s 2 dogs!!

We’ve always had a bad relationship mainly due to her horrible nasty husband who she has now kicked out. However, when I’ve tried to approach her since she won’t engage and makes up ridiculous excuses for the dog barking.

So basically, the original source of the complaint has gone, but has been replaced by random bouts of short barking episodes.

I know I have to declare the original complaint but just wondering how to go about approaching the declaration when selling and if anybody has experience of this any possible selling price implications.

Personally I wouldn't declare it

You need to ask your solicitor. You'll have to declare the original dispute, but your solicitor will be able to suggest a wording. Possibly "A dispute which has been resolved to your satisfaction" would work It's bound to invite further questions though and you have to answer them honestly.

Well legally you have to declare it but I’d detail that it has been resolved

I wouldn't worry too much, it wouldn't bother some people, particularly people who have dogs themselves or noisy children for example.
You could simply say that dog used to bark due to separation anxiety some years ago but no longer does. That would cover it & you.

Or not bother because if it's been resolved.
You wouldn't say anything until you fill in the forms though. So wait until your buyer turns up.

You need to declare it. If you have poor relations with your neighbours it is quite likely that they will tell your purchaser after the sale if they make a comment about the noise at which point you are opening yourself up to a legal challenge. You can’t lie when selling a house.

That’s not an option- you have to

Thanks for your comment.

Just to clarify, I've never been in any doubt about the legal requirement to declare the original and only complaint made against them to the council and I will definitely do this upon putting my house on the market. However, I was just after some thoughts/advice on how to deal with the current barking situation (which to be clear is nowhere near as bad as the original separation anxiety barking which I was forced to take to the council and ended about 18 months ago) in relation to the filling out of the TA6 Property Information Form.

I have to admit that I am probably slightly sensitive to this problem now and I'm hoping that what I see as a problem, any purchasers will be fine with it. Just to clarify further, I've had no contact with them about the dog barking for around a year.

Thank you for your comment. Hopefully this will be what happens

As you have taken no action on the current barking issue it wont have to be declared.

You’ve had a few comments that were saying not to declare it. I really want you to ignore those left you get into trouble.

I think because of your history with the neighbour you are sensitive to the barking. My neighbour has a dog, it barks, that’s normal. It barks when people walk passed, I like it it stops people loitering and lets people know that their are dogs around that makes me feel safe.

Reframe your thinking on the dog a bit, I don’t think the current stuff is anything you need to declare if you don’t see it as unreasonable.

Then you simply put “neighbour dispute resolved to our satisfaction” when they question further you say “when the dog was younger it suffered form separation anxiety which resulted in long periods of barking. They have worked on this and the dog no longer suffers with this issue”

In that way you are saying the original complaint was long periods of barking which you no longer get.

You'd better declare it otherwise "I'll" be looking to renegotiate the price down when you least expect it.Your choice.

Some chap has just been sued for giving incorrect information to a buyer. The house had a moth infestation and he said that he didn’t consider them to be pests so didn’t declare it.

You can’t just decide not to declare a dispute, if it were that easy no one would ever bother

Many thanks for your comments, which is hopefully what the Conveyancer will recommend.