Neighbour grumbles: disclose on selling?

Dgardiner

I'm planning on selling my garden flat which is in a converted house c1900s, conversion done in 80s not great soundproofing. Since the autumn the above owner has been renting property out to people who don't know/respect an informal agreement to not put washing machines late at night at the sounds travelsninto my bedroom and is disruptive. Initially rented out via Airbnb I approached management company to mediate. Meeting as the neighbour has always been v dismissive of the soundproofing and that I should just accept it. The management company immediately more inter st d in legalities and lease being breached as above flat being rented out on Airbnb no residential purposes. Since then owner has taken off Airbnb but moved a family of 3 into his one bed flat with a child that makes considerable noise given the soundproofing. I'd intended to move anyway but trying to get any clarity over the owners intentions for longer term leasing has been impossible and he refuses to discuss. When selling I need to be able to disclose who is above, so it had got to the stage that the only was he will discuss is via a management meeting suggesting he is breaching the lease and needs to attend a meeting. He is refusing as he doesn't think there is a problem/nuisance.
I am at loss at what to do and now feel trapped in flat and worried I won't be able to sell as disclosing this as a dispute sounds OTT as issues should have been able to be clarified in a conversation.
Any advice on what constitutes a dispute?! And whether any of this would need to be disclosed. I'd never had any problems before this so v stressed about the owners attitude affecting a sale

nicmyles

Opinions may vary, but to me if you've complained to your management company about a neighbour, and are accusing them of being in breach of the lease, that should be disclosed.

If you'd just complained to or argued with your neighbour about the noise informally, I wouldn't have said that needed disclosure. But if you're taking formal steps, with the management company, freeholder, police, courts or local authority, that's a dispute.

I'm not sure what you meant by "When selling I need to be able to disclose who is above" - why would you need to do that?

Lemonsqueezer78

Agree with nicmyles. You have clearly taken this matter down some undeniably "formal" routes, which almost certainly make this a formal dispute, the likes of which should be disclosed.

I sympathise with your situation but I don't believe there is any way you can say this does not fit the definition of a dispute.

Chanes

Of course, you must disclose this, it is a detail a potential buyer would want to know and you have made some formal and recorded discussions about this issue they have been that much of a trouble to you. It may not trouble others in the same way it troubles you. The details and declaration form is a legal document. Good luck!

TA6 is the property details form:

http://www.lawsociety.org.uk/support-services/advice/articles/ta-form-specimens/

AdrianC

It sounds rather as if you're complaining about things that are perfectly normal in flats.

Yes, people use washing machines late at night.
Yes, children make noise.
Yes, your sound-proofing could be better. You could improve it within your own flat.

You may have had a legitimate beef about the AirBnB rental, but that's stopped.

AlexMac

You could do what most people would do and say as little as possible; say in a very brief note that you'd

- "alerted the Freeholder that the neighbouring flat was being used for short term lets in breach of the lease and that as a consequence this has now stopped".
(all the leases in residential leaseholds which I've ever owned have prohibited holiday lets but are OK with ASTs of 6 months or more)

Assuming you have not then formally complained in writing that there is now a separate problem of noise? Noise in converted flats is normal; we used to get complaints in such a conversion that the neighbours above could hear our TV at normal volume (she went to bed early).

So understate it; it's up to the buyer to ask any extra Qs like- who lives upstairs, do they have kids, do they have carpets (which all my past leases said we should), is the property overcrowded.... But I bet they won't.

its wise to disclose something, on the grounds that
-IF you didn't, and
- IF the guy upsatirs got up to the same Air BnB nonsense, and
- IF the buyer discovered there had been a dispute (presumably by them complaining to the Management) and
- IF they were inclined to pursue legal action they could presumably theoretically sue for the difference in value between a flat where there had been a complaint and one where there hadn't...

(which are a lot of IFs) . Put the best face on it. At least there is an agent who reacts to breaches of the lease.

And next time buy a freehold, or at least, a shared freehold so you have more control

always_sunny

AlexMac wrote: »

And next time buy a freehold, or at least, a shared freehold so you have more control

you mean freestanding and fully detached! :rotfl: