Noise complaint, must be declared on selling flat?

Barx

I am a first time buyer and moved into a 1981 purpose built top floor flat in January of this year.

Everything seemed great. However, the sound insulation is terrible and I can hear the downstairs tenant - who is only renting the property - clearly when he is talking to himself in the early hours. I've registered the issue with the in-house management, spoken about it with my next door neighbour (who has also heard noise from him) and enquired with my solicitor to ascertain if the previous vendor had declared any similar issues. However, would I need to declare this issue on selling the property considering:

- I haven't logged the issue with the council?
- I am looking at sourcing soundproofing in the bedroom and living areas?

I have concerns that the previous vendor of the property may have been privy to this issue but did not declare it. However, I will struggle to get evidence and probably won't be able to take it further. I am a first time buyer and really can't be lumbered with a property that will be devalued because of this issue.

What are people's thoughts on the issue? Thank you in advance.

ashe

Barx wrote: »

I am a first time buyer and really can't be lumbered with a property that will be devalued because of this issue.

Haven't you already got a thread going on about this?

https://forums.moneysavingexpert.com/discussion/5798068

my thoughts are you are aware of the issue and you are aware that the previous occupant had issues. The people who told you this will no doubt tell any buyer that they told you and you then sold on, the person who sold it to you may have lied, but you are going to have to be honest as you are aware that they had issues.

I don't think its right they lied but I also don't think its right that you try and pull the wool over someone else's eyes just because you have been stung. You being a FTB is irrelevant - no one really wants a noisy flat regardless of status.

HampshireH

Why the duplicate thread.

You know you would need to declare it on the form else you would be lying.

Also if asked you would be expected to answer honestly

bowlhead99

When you sell, it, you'll be asked something along the lines of:

Have there been any disputes or complaints regarding this property or a property nearby? Are you aware of anything which might lead to a dispute about the property or a property nearby? If yes please give details.

Have any notices or correspondence been receied or sent (e.g. from or to a neighbour, council or government dept) or any negotiations or discussions taken place which affect the property or a property nearby. If yes please give details

So, is there a dispute or complaint about your flat or the flat below? Did you complain to the council about the noise? Did you actually get around to complaining to the tenant below or his landlord about his nighttime mutterings? Have you a complaint with the management company which you won't have withdrawn by the time you sell? Has your downstairs neighbour complained about *your* property?

In your other thread (it would have been easier if you had just carried on using it), you mentioned the downstairs tenant only moved in a few months ago. He is only a tenant rather than an owner. He may well move on in six months to a year from now. So when you come to sell the house in a few years there may not be an annoying neighbour who talks to himself in the early hours of the morning, and you will have tuned out the noise long ago (or improved the sound insulation). Quite possibly your property is not 'devalued' from what a buyer would have paid for it without the noise, especially if there is nothing of substance to declare.