Undisclosed neighbour dispute on PIF

MISS-T

Hi, I am not sure if this is the right place to post this question so please feel free to move me on if I am in the wrong place.

I purchased a property 15 months ago and have had issues with the neighbour since moving in due to the fact that they are continuously burning all manner of things including old pallets, varnished and painted furniture, plastic, cat poop?!. And when I say continuously I mean nearly every day multiple times all year around. It is burnt in a log burner inside the home and often will have all their windows open while burning - so it is not the need to keep warm that the burning is happening.

We cannot open any windows as often the smoke is thick and black and causes eye and theist irritations - I often know he has started to burn by this rather than seeing the smoke. I have a baby and a 2 year old and there are days I have had to just leave the house as I do not want them around the smell.

We have tried to resolve this by talking to them, offering clean dry wood but they just do not care and carry on. Anyway enough is enough so I have now contacted environmental health.

Since doing this and speaking to other neighbours it transpires that the previous owners of the house had reported the issue and had actually taken it quite far (not yet sure how far and what the outcome was) but they had definitely made a formal complaint with environmental health. So my question is should this have been disclosed on the property information report? And if yes would there be grounds take action against the previous owner?

I am carrying this huge guilty burden around that I am allowing my children to breathe in awful fumes, we cannot afford to move. There have been many sleepless nights and upsets where I have had to tell my 2.5 year old we cannot play in the garden or in her toys room (conservatory where it can really bad).

Any advice or experiences would be appreciated

Thanks

steeeb

Are you in a smokeless or smoke control zone?

MISS-T

Hi! No we are not unfortunately, however what is being burned at the frequency is definitely considered a nuisance as confirmed with environmental health. I feel we are taking all steps we can now to address that issue. I Am now trying to understand if we would be able to take any legal action against the previous owner for not disclosing there was an issue on the property information form as they had made a formal complaint with environmental health.

Keep_pedalling

If the previous owners never complained about it, there was no dispute to declare. Unless you have proof there was indeed a dispute, there is little you can do about taking action against your seller.

kinger101

Keep_pedalling wrote: »

If the previous owners never complained about it, there was no dispute to declare. Unless you have proof there was indeed a dispute, there is little you can do about taking action against your seller.

OP wrote

Since doing this and speaking to other neighbours it transpires that the previous owners of the house had reported the issue and had actually taken it quite far (not yet sure how far and what the outcome was) but they had definitely made a formal complaint with environmental health.

My advice would be to speak to a solicitor specializing in misrepresentation cases. It's a specialist area, involving a lot of case law, and most the advice you'll get on this site will be incorrect.

Keep_pedalling

kinger101 wrote: »

OP wrote

Since doing this and speaking to other neighbours it transpires that the previous owners of the house had reported the issue and had actually taken it quite far (not yet sure how far and what the outcome was) but they had definitely made a formal complaint with environmental health.

My advice would be to speak to a solicitor specializing in misrepresentation cases. It's a specialist area, involving a lot of case law, and most the advice you'll get on this site will be incorrect.

Whoops! really should go to bed earlier, rather than half read through posts before replying:embarasse

davidmcn

MISS-T wrote: »

Since doing this and speaking to other neighbours it transpires that the previous owners of the house had reported the issue and had actually taken it quite far (not yet sure how far and what the outcome was) but they had definitely made a formal complaint with environmental health.

What evidence do you have that they "definitely" made a complaint to EH?

bmthmark

You can't really stop them from burning old pallets as this is wood. I would be amazed if they were burning plastic in the wood burner as this would wreck the burner. How do you know they are burning plastic? have you seen them do this?
You also cannot do much regarding the cat poop, your neighbour cannot do anything either. The only thing I would suggest is maybe search online for ideas how to put the cat off from coming in your garden.
I wouldn't stop my kid playing in the garden just because the neighbour is using a log burner.

jbainbridge

bmthmark wrote: »

You also cannot do much regarding the cat poop, your neighbour cannot do anything either. The only thing I would suggest is maybe search online for ideas how to put the cat off from coming in your garden.

I think the neighbour is burning cat poop!? That's how I read it anyway.

G_M

MISS-T wrote: »

.... what is being burned at the frequency is definitely considered a nuisance as confirmed with environmental health.

In that case what have EH said they are going to do about it?

The best outcome would be for EH to take enforcement action.

You could apply to court for an injuncion, but this would be slow and stressful. I imagine you'd need plenty of evidence eg

* neigbour witness statements
* logs going back months recording dates, times and durations and extent of nuisance on each occassion
* video recordings
* most importantly, reports from EH

As for the previous owners, assuming you have evidence of the conflict prior to their sale, I imagine you could sue for your losses. Quite how you evaluate those losses I'm not sure, nor how likely you'd be tosucceed - an experienced solicitor could advise (not a conveyancing warehouse if you used one).

MISS-T

Yes that's correct he is burning the cat poop. Sorry I said log burner but it actually one of those burners that you "can burn anything in" (quoting the man himself there) multi fuel one, I love log burners and have absolutely to injection to anyone having a fire it's the nature of what he burns is causing a nuisance we are often completely engulfed in thick black smoke or smoke and or what he is burning causes major eye and throat irritation so I don't feel I wouldn't let my children play somewhere where they are in discomfort like that and breathing in who knows what.

We know there has been complaints from the previous owners to environmental health as other neighbours have told us and also the man doing he burning told us too. Also other neighbours have told us they have reported him too. I know I need to formally prove that, I'm not sure how to go about it though, freedom of information act??

I have already confirmed with environmental health that what he is doing is considered a nuisance so I guess that is not my reason for posting. I am more interested in if anyone has advice on misrepresentation on the property information form.

Thank you all for you comments it is much appreciated