noisy neighbours - abatement order - moving house

afoolandhermoney

We have had trouble with our next door neighbours (multiple occupancy, tenants changing all the time) for 6 years on and off. We've had numerous dealings with the local council who have written to the landlord of next door which has normally resulted in the noise reducing or stopping (but when new tenants move in it just means it starts all over again). It has escalated recently and may result in a noise abatement notice (rather than a less formal letter as used to date).

We are looking to sell our house. The council have said that a noise abatement would have to be declared to the prospective buyers, which we worry will make the house unsellable (or at least reduce what we can sell it for, possibly by a considerable amount - we're on the border of negative equity as it is due to buying just before the crash)

Can any one suggest what we can do, or advise on how badly the asking price would need to be reduced due to the above?

Scrootum

afoolandhermoney wrote: »

We have had trouble with our next door neighbours (multiple occupancy, tenants changing all the time) for 6 years on and off. We've had numerous dealings with the local council who have written to the landlord of next door which has normally resulted in the noise reducing or stopping (but when new tenants move in it just means it starts all over again). It has escalated recently and may result in a noise abatement notice (rather than a less formal letter as used to date).

We are looking to sell our house. The council have said that a noise abatement would have to be declared to the prospective buyers, which we worry will make the house unsellable (or at least reduce what we can sell it for, possibly by a considerable amount - we're on the border of negative equity as it is due to buying just before the crash)

Can any one suggest what we can do, or advise on how badly the asking price would need to be reduced due to the above?

Speak to an EA.

TrickyDicky101

I think you need to declare the issue irrespective of whether or not a noise abatement notice has been served as there will be an official log. Not doing so would put you at risk of being sued in the future.

As regards impact on house price, in my experience (having had noisy neighbours who were served with an abatement notice) potential buyers will fall into one of two camps:
1. Those who will not buy irrespective of price reduction (by far the majority)
2. Those who won't be materially bothered and will still buy at the agreed price

Selling under this circumstance was long and drawn out for me. I would never, NEVER, buy anywhere with an ongoing neighbour dispute.

pinkteapot

As you've made formal complaints to the council, you're already at the point where you'll have to declare it. When you sell, your solicitor will ask you to fill in a Property Information Form, which is part of the legal information you provide to your buyers.

One of the questions will be along the lines of "Has a complaint ever been made about a neighbouring property?".

As above, speak to EAs. When you have them value your place, be honest with them about what's happened in the past. They'll know how best to market it, who to try to sell it to, etc. They can also advise on the impact on your value.

afoolandhermoney

Thanks all for your advice, I was just confused by the council indicating that only after the noise abatement would we *have* to declare the noise problem. I had worried that we'd have to do this anyway, so its actually reassuring in some ways that the abatement notice won't make a difference to how we market the house - but you never know, it might actually finally put a stop to the problem.

TrickyDicky101 - thank you for sharing your experience. I'm sure selling will take longer than it otherwise would, but two nearby and similar houses (granted with nicer immediate neighbours but on the same street) recently sold within 2 weeks of going on the market so longer may still not be too long IYSWIM?

Will speak to estate agents when we're ready and see what they say.

pinkteapot

It might well help if you're able to say "an abatement order was put in place X weeks/months ago and we've had no trouble since".

An ongoing problem will put more people off than a historical one.

Tancred

afoolandhermoney wrote: »

We have had trouble with our next door neighbours (multiple occupancy, tenants changing all the time) for 6 years on and off. We've had numerous dealings with the local council who have written to the landlord of next door which has normally resulted in the noise reducing or stopping (but when new tenants move in it just means it starts all over again). It has escalated recently and may result in a noise abatement notice (rather than a less formal letter as used to date).

We are looking to sell our house. The council have said that a noise abatement would have to be declared to the prospective buyers, which we worry will make the house unsellable (or at least reduce what we can sell it for, possibly by a considerable amount - we're on the border of negative equity as it is due to buying just before the crash)

Can any one suggest what we can do, or advise on how badly the asking price would need to be reduced due to the above?

Once there is a record of a formal complaint with the council then you need to declare it as it can be discovered. If you don't you run the risk that the new owners could themselves complain with the council and then they would find that there is a history of complaints and you would be held accountable. Potentially you could be sued, although in reality they would probably just settle for a nominal payment to cover any legal action to sort out the neighbours etc. In your position I would have put the house on the market as soon as the noise issue became a significant problem - then it would simply have been a situation of 'caveat emptor' for the buyer. Some people can tolerate a lot of noise and may even like it.

I_have_spoken

If it's HMO next door, focus on marketing as a BTL opportunity not to an owner/occupier.

LADYXXMACBETH

W have the same problem but instead of noisy neighbours they are anti social. I would get the noise a abatement in place as this show any buyers that if there is noise something will be done about it. In fact having that in place will probably make me more likely to buy it. You do have to declare any disputes as I recently found out. If you put on the form that previously there were noisy neighbours but since a noise abatement notice was served there have been no further issues you are In a stronger place than saying there is an ongoing problem with noise. At the moment I am trying to figure out a way of making my disputes as vague as possible but without being untruthful. Not easy.

cepheus

afoolandhermoney wrote: »

Thanks all for your advice, I was just confused by the council indicating that only after the noise abatement would we *have* to declare the noise problem. I had worried that we'd have to do this anyway, so its actually reassuring in some ways that the abatement notice won't make a difference to how we market the house - but you never know, it might actually finally put a stop to the problem.

Environmental health told me no declaration was necessary unless there had been a formal complaint, a telephone call to them doesn't count. However, since I complained to the council and they wrote the neighbours a letter, I have now to declare if selling.

Very unfair world isn't it? Your neighbours can effectively cost you a fortune by behaving badly, but if they are tenants they can get away scott free. Double whammy, the law is stacked again the abused rather than the abuser. It would be cheaper to pay them 10k to move away.

Davesnave

cepheus wrote: »

Environmental health told me no declaration was necessary unless there had been a formal complaint, a telephone call to them doesn't count. However, since I complained to the council and they wrote the neighbours a letter, I have now to declare if selling.

Very unfair world isn't it? Your neighbours can effectively cost you a fortune by behaving badly, but if they are tenants they can get away scott free. Double whammy, the law is stacked again the abused rather than the abuser. It would be cheaper to pay them 10k to move away.

How does this square with data protection and the council's privacy rules?

If we complain to our council about, say, dog noise, their warden writes a letter to the owner saying there has been a complaint, but not divulging the source. It's the same with complaints on other matters, such as inappropriate refuse placement etc.

There is no way for those complained about to discover who the complainant is. It may be 'obvious,' but that's not the same as legal proof.