Do we have to tell buyers about nightmare neighbour?

Tancred

vet8 wrote: »

I have posted twice on here about the nutter who lives in the flat below us who has started pounding on the ceiling at all hours of the day and night. We have tried everything to deal with it: being nice; talking to him (impossible); banging back; sending a note asking him to stop; ignoring it; whatever we do just seems to make things worse. We are very considerate, quiet people and we cannot understand why this maniac is doing this, I assume he has mental health issues.

Anyway, it is now so bad we have decided we have to move, but no-one at all will buy a flat if they know the lunatic downstairs will keep thumping all night long. How much do we have to tell prospective buyers? We have not made an official complaint yet as I feel that if we do we have to disclose all the details to buyers.

Basically we are stuffed. We cannot live in the flat and if we cannot sell it we are effectively homeless as all our money is tied up in it.

You will be asked by the solicitor as to whether there is a dispute or any kind of trouble with a neighbour, so you do need to declare it. Otherwise you risk being sued by the buyer.
If you are concerned you should get some advice from a legal professional.

mrsmchapman

On my forms for our house sale recently one of the questions is "are there or have there been any disputes with neighbours" so if you were to lie and this be found out then the vendor could come back to you for lying. I'm not sure what I would do myself if I were in this position.

giddypenguin

Next door to our old house was converted into 3 flats. In the top flat was a 'disturbed' man - who had a number of 'issues' he would often be drunk and abusive and had set fire to his flat at least once - which caused £1000s of flooding damage to the two lower flats due to the water used by the fire brigade. This was the last straw for the gentleman who owned the middle flat who then fixed the damage and moved out - selling at a discount to a lovely young couple, who, unfortunately didn't question as to why this flat was so cheap.

We got to know them very well (due to the constant fire evacuations they had to do - we used to offer them a drink) and told them that the whole street pretty much knew this guy was not entirely right.

From them, we learnt the lesson to ALWAYS knock on a few doors and chat to the neighbours when buying - chances are you'll find someone who's up for a gossip.

The couple, in the end, kept a diary of all the events that happened, and managed to make a case via the council that he should be in sheltered accommodation as he was a danger to himself and others. I did feel terrible for them though - and, after seeing what they went through, I'm not sure I could inflict that same situation onto someone else and sleep easy - but everyone is different I suppose.

vet8

Thanks for your comments. I agree it would be unethical to sell to someone else who got stuck with this nutter, I would feel guilty doing it, BUT our lives are literally ruined. If we cannot sell we cannot afford to buy anywhere else. We cannot live here as it is impossible, even when he is not thumping we lie awake waiting for the next thump, it was at 4.00 this morning for about 10 minutes. Where do we live then, on the streets?

We have tried everything we can think of to deal with this and I just feel that this guy will not stop for anything. This flat was empty for years before we moved in so he had no previous neighbours, I would imagine he would be the same with any new buyers as we are very quiet.

We are totally desperate about it now.

r710

Hi,

Can't comment on how to help you deal with selling your flat, but have you thought about taking civil action against him in the form of an anti-harrassment injunction? I was in a situation where a neighbour was behaving in a similar manner, and Police and Environmental Health couldn't help as it was being perpetrated on the woman's privately owned property and wasn't of a sustained duration and noise level (We had door slamming, deliberate stomping up the stairs repeatedly, banging on our walls and loud music the minute we got home) . Our only course of action available was an anti-harrassment injunction. As we were renting, and I had become an emotional wreck as a result of the harrassment, we decided to move, but I do know that the neighbour the other side took one out against her in the past, and she was quiet for the duration of it, as the penalties can be severe for breaching them. Had we owned the property, we would have had to go down this route, and I do think it would have been successful while the injuction lasted, and I would have anticipated having to repeat the process. When I looked into the process, it's quite simple, but you do need careful documentation on the noise (harrassment) and I think you would need to have shown that other routes, Police mediation, noise not consistent enough and loud enough for Environmental Health, have not amounted to anything.

If you want to stay in your home, I think this could be your only option, sadly. I feel for you.

Mallotum_X

Whilst I can understand why you want to move, do you really think it is the right thing to do to make someone else take him on without warning.

Whilst you may be able to dodge the question if you haven't made it official, do you really think thats fair?

Sorry but I think you do need to tackle him and not keep trying to ignore him, and that does involve police etc

ashfan83

It doesn't matter if it has been reported to the police or the council, the fact is that there IS an ongoing neighbour dispute. If you are prepared to sign the papers to say there isn't one, you should also be prepared to be taken to court in the future by anyone misfortunate enough to buy your property.

There are other ways evidence can be gathered!

ruggedtoast

vet8 wrote: »

Thanks for your comments. I agree it would be unethical to sell to someone else who got stuck with this nutter, I would feel guilty doing it, BUT our lives are literally ruined. If we cannot sell we cannot afford to buy anywhere else. We cannot live here as it is impossible, even when he is not thumping we lie awake waiting for the next thump, it was at 4.00 this morning for about 10 minutes. Where do we live then, on the streets?

We have tried everything we can think of to deal with this and I just feel that this guy will not stop for anything. This flat was empty for years before we moved in so he had no previous neighbours, I would imagine he would be the same with any new buyers as we are very quiet.

We are totally desperate about it now.

I honestly think environmental health and, unfortunately probably also the police, are your best port of call.

There is legislation in place to prevent the kind of harassment you are experiencing, though it probably won't be quick.

Personally I would confront the neighbour about it and at least try and start a dialogue about what their problem is but you have stated in your other threads that you are unable / unwilling to do this.

Alternatively you could try renting the place out and see how he gets on with new people.

pimento

I don't think you have anything to lose by confronting the neighbour in an agressive manner, having tried everything else. I might be tempted to punch his lights out and take the consequences if it scared the bloke into desisting.

sinbad182

I must admit I wouldn't/couldn't have been have been as patient as you have been. I would have put his teeth out a long time back, so credit to you for your mature response to this !!!!!.

If you sell the place and don't declare it's purely down to your conscience. If you haven't properly reported the issue to anyone there's no way anyone can prove you were in dispute or had an issue.

Not sure I'd have the neck to inflict him on anyone else if I'm being honest.