Help: selling house and neighbours

brianjones77

Hi


We have just had an offer accepted on our house and received the SPIF form. Now agonising over what we have to disclose or not.


We had new people move into a property two houses up and on the opposite side of the road about seven years ago. To start with their behaviour was pretty awful but its always been directed towards each other- the main problem has been when it spills out onto the street they're quite loud and some of the language is appalling.


To be fair to them (which is difficult) its got a lot better over the years- they've tidied the house and garden up and any incidents are very rare and are really just a bit of shouting. My major problem being that the police were called by us a few times regarding thir behaviour- sometimes cause of the language and sometimes because of risk to one of them. The police haven't been called since 2011 and when they have been its nothing to do with the property its only been because of their behaviour.
As far as I can see its completely subjective. Somebody else may not find them having an argument in the street very disconcerting or a problem. Given that there 50 yards and three houses away they might not even hear it. Add to that the house next door to them actually sold last year.
I'm pretty sure if we disclose it we are going to have real problems selling the house when tbh its not an issue anymore and has never been to do with this property. If we don't then presumably we run the risk of being sued. I know that we need to speak to the solicitor about this but was just interested if anyone had any advice or experiences

WeAreGhosts

My understanding is that if there has been nothing in writing then you don't need to declare it.

Mojisola

brianjones77 wrote: »

My major problem being that the police were called by us a few times regarding thir behaviour- sometimes cause of the language and sometimes because of risk to one of them.

The police haven't been called since 2011 and when they have been its nothing to do with the property its only been because of their behaviour.

If things were bad enough for you to call the police out, I don't see how you can avoid putting that on the form. The good thing is that you can state it hasn't happened since 2011.

It's neighbours' bad behaviour that can drive people mad - not because of the state of their property!

brianjones77

I know it's the bahaviour but as they're not direct neighbours they don't directly affect our property? I an understand if they were next door or if they had been abusive to us

Kynthia

Can you ask your solicitor for advice what to put on the form?

King_Slayer

brianjones77 wrote: »

My major problem being that the police were called by us a few times regarding thir behaviour- sometimes cause of the language and sometimes because of risk to one of them.

My friend sold her house with similar issues to yours. One of the neighbours had numerous incidents. She did not disclose this to the buyers and was threatened, few months after completion, with a lawsuit as the council had a record of complaint made by her, although she wasn't directly involved. A year has passed and no court date etc, so not certain what, if any, will be the outcome.

I will suggest as previously recommended that you disclose this and mention that no incidents since 2011 (although they can check with authorities to validate this) as there may be incidents you may not be aware of.

Good Luck with your sale.:j

Davesnave

King_Slayer wrote: »

My friend sold her house with similar issues to yours. One of the neighbours had numerous incidents. She did not disclose this to the buyers and was threatened, few months after completion, with a lawsuit as the council had a record of complaint made by her, although she wasn't directly involved.

Do councils not have a duty of confidentiality? They have records of complaints, but would they disclose these to a third party?

Mine doesn't.

jimbog

What is meant by 'neighbours'? The ones either side of you - yes. The ones who live dowm the street? Who knows. Is someone whom you complain about a few streets away a neighbour?

[Deleted User]

I think interpretation is king here. The problems with neighbours did not directly affect you (it wasn't a problem between you and a next door neighbour).

I suspect you only 'have' to put down problems that directly affect or concern you and your property. If we all put down every rowdy problem if there's a party down the street.., it would get ridiculous.

I'd not mention it. Particularly as one of the neighbours has moved away and there hasn't been a problem for four years. Its not the reason you are moving, its not likely to be a problem for anyone who moves in.., so why mention it?

Running_Horse

brianjones77 wrote: »

HSomebody else may not find them having an argument in the street very disconcerting or a problem. Given that there 50 yards and three houses away they might not even hear it.s

Well you heard it, enough to call the police. Or are you just over-sensitive.

Davesnave

deannatrois wrote: »

I suspect you only 'have' to put down problems that directly affect or concern you and your property. If we all put down every rowdy problem if there's a party down the street.., it would get ridiculous.

The SPIF specifically asks whether complaints have been made or received, so the only truthful answer is that they have, although the last one was in 2011.

So, if a person has reported rowdy parties on numerous occasions, they should disclose it. If they haven't, even if there have been a few, they need not, because there is no way to show they were affected or concerned.

As I've hinted above, however, it would be pretty difficult to obtain the information that complaints had come from the OP in order to pursue a claim for damages. It's also questionable whether it would ever be worthwhile doing that, given the circumstances as described.