Declaring previous legal action when selling
Discussion
Hi all. Just a relative quickie
I'm considering a legal action against an constant anti social neighbour. Repeated requests (not just by me apparently!) to desist have failed. Their landlord has just kinda shrugged and said "I tell them but what can I do"
I don't know you utter bellend. how about evict them for breach of the block rules or your tenancy agreement if nothing else! You run a bleedin local Estate Agents. You'd think he wouldn't want the bad publicity! 
Going to see a Solicitor next week regarding going forward.
BUT
Several people have pointed out that when I come to sell in X years time, I will have to declare this.
So say I'm successful and mange to get old
face and his ugly family evicted by their landlord. Another person moves in and theres no further issue (Yeah I know super optimistic huh!) And then in lets say 3 years I decide to sell up and move. Obviously I need to declare that on the relevant form.
Has anyone here ever done something similar and then declared it. Did the fact that it was previous history somewhat negate it? Did it ACTUALLY make a difference given we on this crowded isle are a bit short on property anyway, especially in London.
Any and all experiences please
I'm considering a legal action against an constant anti social neighbour. Repeated requests (not just by me apparently!) to desist have failed. Their landlord has just kinda shrugged and said "I tell them but what can I do"
I don't know you utter bellend. how about evict them for breach of the block rules or your tenancy agreement if nothing else! You run a bleedin local Estate Agents. You'd think he wouldn't want the bad publicity! Going to see a Solicitor next week regarding going forward.
BUT
Several people have pointed out that when I come to sell in X years time, I will have to declare this.
So say I'm successful and mange to get old
face and his ugly family evicted by their landlord. Another person moves in and theres no further issue (Yeah I know super optimistic huh!) And then in lets say 3 years I decide to sell up and move. Obviously I need to declare that on the relevant form. Has anyone here ever done something similar and then declared it. Did the fact that it was previous history somewhat negate it? Did it ACTUALLY make a difference given we on this crowded isle are a bit short on property anyway, especially in London.
Any and all experiences please
If you have a look at the thread 'Duties of disclosure under 2008 CPR Act - house sale' you will see the new legislation that requires 'material information' to be a duty of a seller to disclose. So if there is evidence you have had issues with neighbours you are probably going to have to disclose it. Think deeply which is more important to you: dealing with the issue or in the future having a black mark when coming to sell.
I would be very reluctant to act if I could not be confident of a positive result. If you think the action stands a good chance of success and the people are gone there is no reason to disclose. It is immaterial information if the people have gone. Anyway maybe they will f-off on their own next week.
I would be very reluctant to act if I could not be confident of a positive result. If you think the action stands a good chance of success and the people are gone there is no reason to disclose. It is immaterial information if the people have gone. Anyway maybe they will f-off on their own next week.
Edited by EUbrainwashing on Friday 30th June 22:53
EUbrainwashing said:
If you have a look at the thread 'Duties of disclosure under 2008 CPR Act - house sale' you will see the new legislation that requires 'material information' to be a duty of a seller to disclose.
The operative word is 'material'.I would argue that if it's an issue relating to anti-social behaviour of a former tenant, it's no longer material, as that tenant is no longer there to cause future issues.
When buying my property, I had a similar conversation with my solicitor and he thought the question on the form was a bit daft.
If you have a dispute with a neighbour who subsequently moves, do you declare it? According to the form, yes you do even though the problem has resolved itself. The question should be 'is there any ongoing dispute with a neighbour' or similar.
All you can do is declare it but make it known to your buyers that the issue is resolved and provide proof if possible and get your solicitor to back it up.
If you have a dispute with a neighbour who subsequently moves, do you declare it? According to the form, yes you do even though the problem has resolved itself. The question should be 'is there any ongoing dispute with a neighbour' or similar.
All you can do is declare it but make it known to your buyers that the issue is resolved and provide proof if possible and get your solicitor to back it up.
Thanks everyone
kers! 
I've already told the landlord Id be interested in paying towards costs for soundproofing the property. But he's just come back with some story about him changing the windows in July. I don't give a st about that!
"The law in this area is very clear – if the seller or the agent has any information that is likely to have an impact on the value of a property or the buyer's enjoyment of the property, they must disclose it."
I know (unofficially) the previous owners had discussions with them about the noise (they denied they made any noise! Hmm. dumbs. 2 people who have never met complain about your behaviour and we're both wrong? ) But would I therefore have a case against the former owners for NOT mentioning this. They only mentioned another neighbour who cooks smelly food, but that has no bearing on my life in any way)
2) Put up? Not going to happen long term. It's literally 16 hours of the waking day! I'm sitting here right now and they are stamping around and smashing into every fking surface in their flat. I have the TV on, and it's drowning out that! I hate them with a passion and venom I never knew was in me! 
3) I'll see what the solicitor says, but it grates to incur stamp duty and solicitors and agents fees, AND have to move after less than 18 months and of course I've decorated as well. They ones were on honeymoon/extended travels (apparently) for the first 6 weeks when I moved in, so if anything I (and others) said I was lucky to live in an old peoples home 
I had no idea what was coming!
EUbrainwashing said:
Anyway maybe they will f-off on their own next week.
Sadly unlikely! They moved in 6 months before me. And despite complaints every 3-4 months, they have dug their heels in and actually become even bigger fkers! C Lee Farquar said:
I presume it would be cheaper to pay the landlords costs to change the tenant, and success would be virtually guaranteed?
What would you expect that fee to be? 1 weeks rent?I've already told the landlord Id be interested in paying towards costs for soundproofing the property. But he's just come back with some story about him changing the windows in July. I don't give a s
t about that! Harry Flashman said:
Interesting link. Thanks"The law in this area is very clear – if the seller or the agent has any information that is likely to have an impact on the value of a property or the buyer's enjoyment of the property, they must disclose it."
I know (unofficially) the previous owners had discussions with them about the noise (they denied they made any noise! Hmm. dumb
s. 2 people who have never met complain about your behaviour and we're both wrong? ) But would I therefore have a case against the former owners for NOT mentioning this. They only mentioned another neighbour who cooks smelly food, but that has no bearing on my life in any way)justinio said:
Make the landlord an offer he cant refuse
Poke up with the neighbours
Move
1) For example? I assume you don't mean put all his windows in on his and his wife's car, or kidnapping and executing his dog Poke up with the neighbours
Move
2) Put up? Not going to happen long term. It's literally 16 hours of the waking day! I'm sitting here right now and they are stamping around and smashing into every f
king surface in their flat. I have the TV on, and it's drowning out that! I hate them with a passion and venom I never knew was in me! 3) I'll see what the solicitor says, but it grates to incur stamp duty and solicitors and agents fees, AND have to move after less than 18 months and of course I've decorated as well. The
y ones were on honeymoon/extended travels (apparently) for the first 6 weeks when I moved in, so if anything I (and others) said I was lucky to live in an old peoples home I had no idea what was coming! Nothing to add OP but we were in a similar position. Bought a nice flat, put our savings into making it our own only to find that our neighbour below is an alcoholic who loves playing drum and bass at night. He consequently gets a decent sleep during the day when everyone else is at work!! After a year we knew we wanted to leave but would have been too expensive on the mortgage with ERPC. We were concerned about having to declare anything so we haven't made any official complaints to the council etc. Only a quiet word with said neighbour who doesnt pay attention. Thankfully the flat sold within a week and we complete soon. Never buying a flat ever again!!
Why the heck are you not pursuing this via Environmental Health on the noise factor and via the police, if it is real Anti-social behaviour that other people are experiencing as well as yourselves. If you don't report it, it isn't happening. Do a FOI request to your local police force on the numbers of orders of housing ASB that they have supported the local council with. Believe me if it gets as far as a community trigger (research it) for the police and council they will make the landlords life a lot of hassle and they will evict. I wouldn't worry about disclosure if you have actually got rid of those causing ASB, it is only really an issue if you have lots of it or they are still a problem.
Rowley92 said:
...After a year we knew we wanted to leave but would have been too expensive on the mortgage with ERPC. ... Never buying a flat ever again!!
The first part is the lump of the problem. I'm on my own, so there's only 1 income to support a mortgage and I can't find anything comparable to what I have now on sale anywhere else!I like this flat
Larger than everything else I viewed. Garage, balcony, good transport links, local amenities etc. Obviously with hindsight "priced for QUICK sale" If I had another £250K in the bank Id be OK. But as I didn't win the Euromillions £87M last Friday....Slight tangent, I gather the prev owners moved from greater London out to Norfolk! So swapped noise for complete silence! It's becoming something I'm thinking about! Id live in a flat again, but I think Id be asking the neighbours of the property for sale to turn their TV up really loud and jump about during the viewing so I could ascertain the likelihood of future issues.
I'm thinking, sell up, invest the left over money, and rent somewhere forever, just so I'm never tied to a place where others actions can have such a detrimental effect on your life
thepeoplespal said:
Why the heck are you not pursuing this via Environmental Health on the noise factor and via the police, if it is real Anti-social behaviour that other people are experiencing as well as yourselves. If you don't report it, it isn't happening. Do a FOI request to your local police force on the numbers of orders of housing ASB that they have supported the local council with. Believe me if it gets as far as a community trigger (research it) for the police and council they will make the landlords life a lot of hassle and they will evict. I wouldn't worry about disclosure if you have actually got rid of those causing ASB, it is only really an issue if you have lots of it or they are still a problem.
Approached the council a few months back. They asked me to keep a noise diary. I did for 2 months. Typed it up (over 600 entries!) emailed it to them. The lady went away and said she was going to arrange sound recording equipment to be put in my flat. Great, all for that! Then after a few days, Id heard nothing so called and they said that "it actually isn't a problem and not something we'd get involved in. So thats the end of it, but let us know if it changes" Apparently its very difficult for councils to do anything. I did wonder if they are council tenants, but in the private rental sector, but I can't find that out. It might explain whey the council stopped caring! Whats amusing (or perhaps even sinister!) is that the lady at the Environmental services has the same surname as the landlord! (Cynic? Me?)What I have done is used my camcorder to record the noise problem. Made a nice series of compilation videos.Taking them to the Solicitors.
Regarding the Police. As I said in another thread. This neighbour had (its gone now) a motorbike on false/incorrect plates, that he was riding without insurance and no licence (bike was a 900, but he only had a licence up to 125) The Police didn't give a s
t when I reported it via 101. So I'm in no way optimistic anything would be done about something as trivial as this!In a daily update, they started banging doors and dropping heavy things this morning at 6:40. Bit of shouting at around 830-845. You get kinda of 3-5 min breaks every now and then. Bu they are still making noise now at 11:35! And this will I guarantee continue until at least ten thirty tonight! Probably later.
I don't suffer from depression, but living under this constant "attack" is probably what real sufferers feel like...
Perhaps you need to properly explore a Community Trigger, make sure you meet the criteria or it will be rejected, it's a powerful bit of legislation. It will certainly put the sts up the council of they haven't followed the correct procedures, if there is a relative involved they could lose their job.
Also, if you and your neighbours are not reporting it, it isn't happening, but 600 items typed up unfortunately looks as if you are a bit obsessive and have a low threshold for noise, day to day noise from living is something you have to accept if you live in a flat and if your neighbours aren't also experiencing and reporting problems you are pretty much sunk.
You might be best to invest in soundproofing, rather than go to law, ear plugs, noise cancelling headphones, the most expensive underlay, heavy drapes and stacks of cushions, getting rid of flat surfaces, loads of books and heavy furniture are some of your options.
Personally I feel building regs regarding sound transmission really needs strengthening, as noise destroys people's lives.
ts up the council of they haven't followed the correct procedures, if there is a relative involved they could lose their job.Also, if you and your neighbours are not reporting it, it isn't happening, but 600 items typed up unfortunately looks as if you are a bit obsessive and have a low threshold for noise, day to day noise from living is something you have to accept if you live in a flat and if your neighbours aren't also experiencing and reporting problems you are pretty much sunk.
You might be best to invest in soundproofing, rather than go to law, ear plugs, noise cancelling headphones, the most expensive underlay, heavy drapes and stacks of cushions, getting rid of flat surfaces, loads of books and heavy furniture are some of your options.
Personally I feel building regs regarding sound transmission really needs strengthening, as noise destroys people's lives.
Edited by thepeoplespal on Wednesday 5th July 00:31
thepeoplespal said:
..., but 600 items typed up unfortunately looks as if you are a bit obsessive and have a low threshold for noise, day to day noise from living is something you have to accept if you live in a flat and if your neighbours aren't also experiencing and reporting problems you are pretty much sunk.
I live next to a busy train line, there's a train every 10 mins in one direction or the other from 5:40am to gone midnight every day. And that excludes the handful that rattle through in the early hours as they move their trains around a bit. Or the rail cleaning trains.That rarely wakes me up.
What does wake me up is someone apparently hammering nails in at 2am
Or as previously, around 330am the sound like someone pushed over a wardrobe!
Someone apparently taking a shower for an hour at 420am!
Having come in at around 630pm I have been enduring heavy bass sounds, for the last 3 hours as the occupants deliberately stamp and jump around their flat. And throw (seemingly) every heavy item they own on the floor for s
ts and giggles! (ETA It's now 23:45 and it's still happening!)
It's all being recorded though
Accepting living in a flat is one thing. This is quite another! This is anti social
s who despite repeated requests to be civil, are just like a st load of fixed term tenants. They simply don't give a fk about anyone around them since they have zero connection to the property.thepeoplespal said:
You might be best to invest in soundproofing, rather than go to law, ear plugs, noise cancelling headphones, the most expensive underlay, heavy drapes and stacks of cushions, getting rid of flat surfaces, loads of books and heavy furniture are some of your options.
Personally I feel building regs regarding sound transmission really needs strengthening, as noise destroys people's lives.
The noise is above me. So whilst I was the good neighbour and put down the best underlay to be nice to the people below me, it seems I cant expect that same courtesy from the tenants (and thus landlord) of those above me, Talking to a local sound insulation company, foot fall (which obviously this and impact noises counts as) is best insulated on the floor of the troublemaker (hence my offer to their landlord) insulating my ceiling isn't as effective and obviously you lose room height.Personally I feel building regs regarding sound transmission really needs strengthening, as noise destroys people's lives.
I have ear plugs but can only use them when I don't have to go to work, since I get up early and require the alarm clock.
Anyway, I've taken legal advise from a decent independent solicitor. He was honest. They are clearly in breach of the covenants in the lease and also the rules of the block (by chance I got an email from the management company on a related point today) 3 options have been suggested. 1 of which is inevitably move. As he said "it will gripe after you've made the effort to buy and decorate, but there comes a point when your mental health and importantly sleep is worth more than the cost of selling up"
Did learn that noise nuisance is covered by the World health Organisation!
Edited by Rich_W on Wednesday 5th July 23:48
Rich_W said:
Approached the council a few months back. They asked me to keep a noise diary. I did for 2 months. Typed it up (over 600 entries!) emailed it to them. The lady went away and said she was going to arrange sound recording equipment to be put in my flat. Great, all for that! Then after a few days, Id heard nothing so called and they said that "it actually isn't a problem and not something we'd get involved in. So thats the end of it, but let us know if it changes" Apparently its very difficult for councils to do anything. I did wonder if they are council tenants, but in the private rental sector, but I can't find that out. It might explain whey the council stopped caring! Whats amusing (or perhaps even sinister!) is that the lady at the Environmental services has the same surname as the landlord! (Cynic? Me?)
The council have all the powers & ability to fix this, BUT they are inevitably short staffed & under budgeted so will take the path fo least resistance wherever they can ''too busy'' ''too hard'' ''shrug it off'' etc etc - you need to up the anti to force it on their radars. Apparently its very difficult for councils to do anything. I did wonder if they are council tenants, but in the private rental sector, but I can't find that out. It might explain whey the council stopped caring! Whats amusing (or perhaps even sinister!) is that the lady at the Environmental services has the same surname as the landlord! (Cynic? Me?)I would immediately go to my MP, request a meeting, and provide all the evidence you have CONCISELY to back up your issues together & show you are not just being sensitive here.
Your MP will then go to the head of the council & give him a good kicking, he will pass it on down until someone gives you a ring to discuss it further.
If you are unsure, then declare it and add that it was fully resolved/tenant moved on, you are then completely clear.
As it stands, you do have an issue, you know there is a problem so you should declare it anyway. It's not obvious what should and shouldn't be declared, dispute/complaint etc, but like selling a car, its better to just be open and honest and reduce any chance of comeback/stress over sale. Multiply the value of typical car sales versus house and its even more important.
Ultimately if you have a problem neighbour that isn't sorted and you don't declare it, its going to be pretty obvious you knew.
As it stands, you do have an issue, you know there is a problem so you should declare it anyway. It's not obvious what should and shouldn't be declared, dispute/complaint etc, but like selling a car, its better to just be open and honest and reduce any chance of comeback/stress over sale. Multiply the value of typical car sales versus house and its even more important.
Ultimately if you have a problem neighbour that isn't sorted and you don't declare it, its going to be pretty obvious you knew.
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