sale fell through because of tenant next door

mrsrwallace

hey,
i've been helped quite a bit on this with my mortgage problems so i'm wondering if anyone can help me help a friend who has now had their house sale fall through due to their neighbour.

basically the new neighbour moved in and caused a nuisance from day one with parties, loud music, rubbish, barking etc and my friend contacted the landlord to sort this out. After a few quiet weeks the problem worsened and my friend had no luck trying to get the tenant to behave. Police were called and my friend just lost interest in her house as she could see nothing improving so put her house on the market. The house has been on the market now since April and she had received an offer but was told yesterday that the buyer is pulling out because of the nuisance neighbour, the buyer knew there was an issue with the tenant next door but at the last minute decided that it was too risky to buy my friend's house.

So is there anything my friend can do apart from wait for a possible new buyer? Can she legally do anything to make the landlord or tenant answer for causing the sale to fail? Can she attempt to get the tenant evicted seeing as the landlord has failed to take action despite repeated complaints?

Any advice would be helpful as I really have no idea on this or the legal aspect so am no help to her.

marliepanda

mrsrwallace wrote: »

So is there anything my friend can do apart from wait for a possible new buyer? Can she legally do anything to make the landlord or tenant answer for causing the sale to fail? Can she attempt to get the tenant evicted seeing as the landlord has failed to take action despite repeated complaints?

I would say no to the bolded part. She is moving because of this problem, so in affect is expecting someone else to deal with this problem. Naturally, many will not want to!

I believe she has to make the case to the environmental health, keep diaries of the breaches etc. I think they come round and measure sound, stuff like that. The landlord will probably not take much interest as I imagine all they care about is getting the rent. And I dont think there is much the landlord can do to make them stop, but I think the environmental health can, so she needs to get onto the council

savingmummy

Nothing can be done regarding eviction etc unless there are police reports and files and the landlord/council is aware in writing and gathered evidence that there is an issue.
I have problem neighbours and without all the above nothing can be done to get it stopped - unless you`ve tried mediation? Which i know full well isn`t always the `happy` outcome!

DVardysShadow

Pay the LL to issue a S21.

andyproc

The first thing is to get in touch with your councils anti-social behaviour unit and ask for a nuisance diary. This is critical and start it now, explain the disturbances and how its affecting your life etc. Every time there is a disturbance call the Police and get a log number-very important, though don't expect them to show up often. If neighbours are having a party it can be good to get the Police to show up as its the last thing your neighbour will want.
Also try and get other neighbours on board as if its your word against nuisance neighbour it will be difficult, if three people are complaining its a lot easier. If you need to find out who the landlord is and where they live the Land Registry website will do it for you for £4. Get in touch with your MP as well requesting help. Basically get as many people as possible involved.

If landlord isn't helpful try pulling up outside their house at 5am with the stereo up full and explain that you went for a drive as the neighbours are keeping you up, what a coincidence eh?:D

I believe the landlord should be held to account and fined for a tenants behaviour, follow the money and the problem will be solved. I also think any rented property should have to have a sticker placed in the window by law giving the name and address and phone number of landlord so they can be contacted.

If you're not pro-active about this the problem won't go away.

PasturesNew

DVardysShadow wrote: »

Pay the LL to issue a S21.

This is the easiest bet..... although it can turn out to be "better the devil you know" as the next monkey might be worse than the current one.

andyproc

PasturesNew wrote: »

This is the easiest bet..... although it can turn out to be "better the devil you know" as the next monkey might be worse than the current one.

I agree but if you don't officially report any problem with the new tenant you cant be held to account for trying to push it under the carpet. My advise is to get off to a friendly start with new tenant and try again to sell your house. Might be worth paying landlord for an S21, ask him what he would take?

withabix

Sounds like you've got my old neighbours living it that house!

Thank god, my neighbours from hell moved out last month after finally being served a S21 by the (first-time) BTL landlord. Naturally they didn't pay the last 3 months' rent and did a runner over a weekend.

I had to resort to getting the landlord's details from the Land Registry (£4 well spent!) and asking them to apply the Terms & Conditions in the rental agreement (which are pretty standard).

I also complained to EHO every time they had a noisy party (which was every Friday and Saturday night until 6am the next morning for the last two years!!!) so that they would get a letter every week.

It wasn't just the parties, it was the shouting and swearing next to my back garden (I'm sure the daughter's first name was For F***s Sake), the fag and spliff ends being thrown over my fence (and the cannabis being smoked in the garden), the rat infestation under their garden decking due to the piles of food waste in black bags in the garden and the gobby husband being unable to use his mobile phone without standing next to my fence at all hours shouting and swearing at the person at the other end....

Honestly, the bloke was 40 and behaved like a 16 year old.

I spotted where they had moved ot the other day (quite easy - humungous white delivery van) and accidentally told their old landlord, 'just in case' she wanted to pursue them for rent and damages to the property

mrsrwallace

thanks all for your help, i shall pass this advice on

pararct

Is the property in a Landlords Registration Scheme area?

These are quite a new thing and are springing up around the Country. They place additional duties on landlords to be proactive regarding social aspects of the tenancies they agree. Need to check previous references ect, maintain frequent inspections and other stuff.
In worst cases LL can be summoned and fined if they ignore the issues.

go_cat

She will have to declare the issues when she sells the house anyway so she would be better trying to del with them as suggested