Complaint from neighbour with mental health issue

DRP

Hi

Just seeking some advice for a relative.

Their attached neighbour has been complaining publicly, loudly, hysterically to my relatives (she also did similar to the previous occupants of my relative's house) about noise/music she can hear coming from their house at all hours (e.g. brass band music etc in the middle of the night).

The husband of the neighbour sort of apologised and stated she has a (clinically undiagnosed) history of hearing noises/music that do not exist. However, there is a tense relationship and no communication between the neighbours and my relatives.

Out of the blue, my relatives recently received a letter from the council stating that there had been complaints about noise, and asked them to contact the council. When they rang it transpires that the family of the neighbour are trying to get medical support, and in order to do so it helps if they have been able to officially record 'incidents'. There has been no contact from the husband about this.

Now this puts my relatives in a spot of bother, as they are soon to be looking to sell, and presumably will have to disclose an official complaint. Options:

1. Don't disclose - dodgy and will come to light when the new occupants start receiving hysterical abuse from the neighbour about phantom noises...

2. Disclose / explain on PIF - who wants to buy a house where there's a neighbour with history like that...?

Any thought or recommendations on how to proceed gratefully received.

m0bov

I would contact the council and dispute all issues, don't get involved in trying to prove your neighbours mental health issues. I think you only have to DISCLOSE* complaints YOU make otherwise people could make up complaints for revenge when a neighbour moves.

I think the council/police would need to witness the problem before taking action, so if you are not making noise then there will be no issue.

lisa110rry

m0bov, did you mean to write "disclose" in line 2 rather than "dispute"?

Guest101

Ask the council to send the request in writing, include a copy with the PIF

Guest101

m0bov wrote: »

I would contact the council and dispute all issues, don't get involved in trying to prove your neighbours mental health issues. I think you only have to dispute complaints YOU make otherwise people could make up complaints for revenge when a neighbour moves.

I think the council/police would need to witness the problem before taking action, so if you are not making noise then there will be no issue.

All complaints and disputes must be disclosed.

cloo

Report as 'A noise complaint was made by a neighbour experiencing auditory hallucinations, but they are now seeking treatment' , perhaps?

davidmcn

m0bov wrote: »

I think you only have to DISCLOSE* complaints YOU make

The question is "have there been any disputes or complaints regarding this property or a property nearby". So it doesn't matter who makes the first move.

Though if the complaint is about the seller's brass band (which they're presumably taking with them) rather than about the property, maybe it doesn't have to be disclosed...

Chanes

If someone buys that property and suffer problems with that neighbour and find it was not disclosed on the questionnaire even though it is recorded by the council or Police, I would surely expect them to sue the previous owner. Who would buy a house with a troubled or troubling neighbour that has given that much trouble the council or Police had been advised!

Guest101

AFF8879 wrote: »

I'm not sure there would be any legal recourse, you do have to disclose prior incidents but in my experience it's usually asked with woolly language e.g "to the best of your knowledge" or "as far as you are aware". They're not meant to be legally binding, more just to offer some reassurance. But then I've never had experience of someone blatantly lying/withholding info...

You would be very incorrect on that.


The form is standardised and lying on it can have significant financial costs attached

Chanes

Guest101 wrote: »

You would be very incorrect on that.


The form is standardised and lying on it can have significant financial costs attached

We sold and bought last year and our solicitor explained that to us. Some folks still think it's buyer beware and it really isn't like that any more, failure to disclose details that would have affected the sale or purchase really do have serious consequences. If it is recorded it must be disclosed.

ScorpiondeRooftrouser

cloo wrote: »

Report as 'A noise complaint was made by a neighbour experiencing auditory hallucinations, but they are now seeking treatment' , perhaps?

That's worse from any new buyer's point of view. It's actually more important to know that this neighbour will create trouble even if you don't do anything, than to know that a neighbour had reported you for genuinely having brass band practices at 2am. They could avoid the latter by not having brass band practices at 2am; they can't avoid this.

You want new buyers to think any disputes were your fault, not that they were down to your unreasonable neighbours.