rodent problems - just about to exchange

Sherlocky

We are due to exchange contracts & have just found out we have rats in the cavity? We have problem neighbours (loud arguments, banging & crashing etc) & have declared it all but they have been good last 8months. Then couple weeks ago we realised that they had stopped putting rubbish out & there was about 20 bags piled up in their back garden. We approached them & were told to f#*@ off so we reported it to the council who sent them a letter & they are putting rubbish out again - now we have found out we have rats in our cavity & have had to get a pest control in who is putting down poisoned traps so as to take away any dead ones so as they don't stink the house out - do we have to declare this recent activity as we have not had this before & it is being resolved?

kinger101

You should ask your solicitor. I assume the disclosure of the problem neighbours was on the TA6, or in some other written form. That is, your buyers won't be in a position to claim they were not told.

Smodlet

I don't know if it is possible in your circumstances but, if you have yet to exchange contracts, I would walk away.

AdrianC

Smodlet wrote: »

I don't know if it is possible in your circumstances but, if you have yet to exchange contracts, I would walk away.

The OP is the seller...

kinger101

Smodlet wrote: »

I don't know if it is possible in your circumstances but, if you have yet to exchange contracts, I would walk away.

They are the vendor.

eddddy

You only have to answer questions that you have been asked (via your solicitor) - you don't have to volunteer any information.

But maybe check your answers to questions on the Seller's Property Form to make sure they are still correct. For example:

2.1 Have there been any disputes or complaints regarding this property or a property nearby? If Yes, please give details:

2.2 Is the seller aware of anything which might lead to a dispute about the property or a property nearby? If Yes, please give details:

So you've complained about rubbish in the back garden - so I guess you've mentioned that.

But if you haven't complained about the rats - I guess you don't need to mention that.

Sherlocky

We told our solicitor all of the problems caused by our neighbours & who we informed (police, housing assoc etc) & they completed the form for us & sent it off to our buyers solicitors - that was back at the beginning of May & the rubbish issue & rats have only just happened in the last couple of weeks. We have not had any issues of this kind before & as the rubbish issue is resolved & we are having professionals in to deal with our unwelcome guests (caused by the rubbish issue!) that is why we wanted to know if we have to declare it

eddddy

Sherlocky wrote: »

...that is why we wanted to know if we have to declare it

As I said - only if you've been asked a question about it. You don't have to volunteer any information.

So, for example, if the buyer has asked "Is there a rodent problem?", you can't give a misleading answer.



Similarly, if the buyer has asked "Have you complained to your neighbours about anything?" - you can't give a misleading answer.

So if you've complained to them about the rats, you have to say something like "Yes, I've complained to them about rats."

You know what you've said to the neighbours about the rats, so you have to decide whether that counts as a complaint or not.

Smodlet

Many apologies.

S

Hoploz

It doesn't sound as if OP has complained to the neighbours about the rats, only asked them to put the rubbish out.

Hopefully the poison will work and the problem will be resolved before exchange, but if it gets to the time and the rats are still about then I would say tell your solicitor you've had a few rats about and had a man in to deal with them so you hope they will be gone very soon. That way if they are likely to still be about when the buyer moves in, you will have said. No need to mention the neighbours and the possible connection with their rubbish.

Smodlet

Have you told your EA? I think they have to declare things they know to be concerns when selling property, nowadays, and about time, too, imho.