Property misrepresentation-should I sue?

Distressed_Homeowner

I have just purchased my first flat. I thought I did everything right, visited the property and area several times. I specifically asked the owners if there was any noise or problems with the neighbours. I asked them who lived upstairs and they said 2 men who weren't a problem. On the property information form they ticked no to the two questions about complaints and disputes affecting the property.

We moved in last week the reality is as follows-

The upstairs flat is being sublet to up to 7 people who rent the beds rather than rooms, so some rooms have 3 people living in them. They come in at all hours noisily. We have been unable to sleep since moving in as the noise persists until 3am the continues at 5.30am as the next group get up.

The noise levels throughout the flat are excessive and we can hear every footstep from above as the property is a conversion and the flat above has poorly fitted laminate floors adding to the problem.

The neighbours and leaseholder have confirmed the previous owners were aware of the issues and had complained to the tenants and leaseholder of upstairs, although I have no evidence of formal complaints to authorities at present.

I am already investigating some of these issues with the freeholder, leaseholder of the flat above and local council.

Has anyone experience of suing in a case like this, as the bottom line is I am going to be out of pocket for legal fees, sound proofing not to mention the stress and heartache of what should have been a happy event.

I am seeing a lawyer but any comments would be welcome.

phill99

Distressed_Homeowner wrote: »

although I have no evidence of formal complaints to authorities at present.

Thats the issue isn't it.

Until you can prove the vendor had made complaints, then you will get nowhere very quickly.

Distressed_Homeowner

Thanks for the reply.

I have evidence from 2 neighbours and the upstairs leaseholder at present. I have requested the info from the local council under the freedom of information act.

I get free legal advice through my employer who say I have a case, but I really would like to hear from people who have been down this road.

phill99

I think rather than throwing your teddy at the vendor, you would be better advised in dealing with the noise from the people upstairs.

If there is bed sharing going on the this will be against conditions of the tenancy and possinbly of the lease from the freeholder. The flat owner may not be aware of the issue. Additionally, get the council involved to monitor the noise and see if there is a case to answer there.

Additionally, many leases ban laminate flooring in flats due to the noise problem and getting the flat owner to deal with this maybe an easier option. Check out the lease for this.

abankerbutnotafatcat

What an awful situation - every homeowner's nightmare as if it was a rented flat you could just leave. I'm afraid I have no experience of neighbour disputes or soundproofing. However, I note that you state that noise persists until 3am so I wonder if that's music/tv etc? If so the council may help. Obviously, that would then register as a neighbour dispute but I doubt you'd want to do to someone else what has been done to you. Also I wonder if the council may be interested as far as over crowding/potentially incorrectly administered HMO?? Citizens Advice and/or council have got to be worth a go. Good luck OP. Do keep us informed.

Distressed_Homeowner

I have spoken to the council, won't act on noise but will investigate HMO if I complain, holding back on that at moment.
The freeholders agent is dealing with the breach of the lease, so should be able to get tenants out fairly easily.
No clause about laminate flooring in lease.
However the flat is still plagued by noise problems and I feel as I specifically raised that with the vendor they should have given me an honest answer.

pinkshoes

You need some evidence. I would get the tenants and the leaseholder to put in writing that the previous owner DID complain about the noise. How did they complain to the leaseholder? Did they do it via letter? If so, get a copy of the letter they wrote.

Once you've done this, then get your solicitor to write to the vendor saying that you have evidence that they've lied on their information form when asked about noise and issues with the flat above, and you intend suing them for the cost of sound proofing, or whatever it takes to rectify the situation.

You MUST get some physical evidence though, as otherwise there's nothing you can do.

I presume getting the previous owner to pay for soundproofing would be a reasonable solution?

Distressed_Homeowner

Thanks for the reply. I am hopeful the neighbours will support me and be prepared to write a statement, I await a response from the council and freeholder. The cost of soundproofing would be a good compromise.
The leaseholder of the flat above has been responsive to my complaints so far and has agreed to look at soundproofing. Ultimately they are breaching the terms of the lease as the property should be used as a family residence not a HMO, so if the freeholder doesn't sort it out the council will.
THis will ultimately leave me with a dispute to explain to the next buyer, luckily we plan to stay here for some time as the flat is beautiful.

Distressed_Homeowner

Good news-
Freeholder is acting on breach of lease.
Got confirmation of formal complaints being made.

Debating whether to involve council now and use all my options, or keep that up my sleeve for later on.

mimimt

Very sorry that you're in this situation. Some vendors lie to get them homes sold and unfortunately you've come across one. That's why I've always insisted on visiting the property late at night to inspect my self (just to stand in the corridor to see who comes in/out, at what time, etc).

If I were you, I would definitely sue the vendors. Now you have formal proof, I say go ahead and sue them and get your sound-proofing cost back and compensation fot the emotional destress they've put you through!

sonastin

Whilst I sympathise, I think it might be harder to sue successfully than some of the other posts seem to suggest...

Do you have any evidence of the conversation you had with the vendors regarding the noise question and the "two men" upstairs?

Is there anything on the property information questionnaire specifically relating to noise? The questions you refer to in your OP about complaints and disputes are very much open to interpretation; if the vendors took a very narrow interpretation and haven't made any formal complaints or initiated legal disputes against the folks upstairs then they haven't actually misrepresented the situation as they interpret the questionnaire. Whilst that doesn't entirely blow your case out of the water, it does make it harder for you to succeed.

IMHO, better to get the situation upstairs remedied than waste your energies pursuing the vendor.