Sue neighbours or landlord for devaluing property?

new_but_not_new

Hello
I think I've posted in relation to this before but need some quick advice from you knowledgeable experts!

Been trying to sell my flat for well over a year. It's in a great location, priced sensibility and in good condition - in short, not much wrong with it. Other properties, flats, in my road and the surrounding area have sold within four or five months at most and at approx 10% of marketed price. I would be more than happy with an offer at 10% lower...

However, the negative feedback I have had via the agent from viewers has been almost entirely about my neighbours, the tenants who have lived in the flat next door for just over two years. The dirt outside their door, the lingering dirty, musty smell and the noises (clearing of lungs, groaning and moaning) have all been mentioned.

Over a year ago I first mentioned this to their landlord and have mentioned it a few times since. He has spoken to them but nothing has changed and now he doesn't listen to me.

What can I do? My conveyancing solicitor suggested I take the legal route but it would be tricky, expensive and I'd have to declare it in the property details.

I strongly believe, as does my solicitor, that they are obstructing the sale of my flat and devaluing it. Is it the tenants that I need to focus on or their landlord?

What should I do? I can't afford to sell my flat at a drastically lower price. I could just sit tight and hope they move out. No one has stayed in that flat for longer than three years...

The neighbours are also rude and get aggressive if I try to reason with them - which 'Ive tried - many, many times.

Help please!!

davidmcn

Did your solicitor give much of an idea of what "legal route" they were proposing? I don't see what you can do unless the dirt / smell / noise objectively constitute a legal nuisance or something that environmental health would be interested in.

new_but_not_new

Thank you. No, he didn't suggest a course of action other than mention it was a possibility - with another solicitor - as they 'don't deal with cases like that'.

It is a mixture of food waste and other dirt so maybe EH would be able to do something.

It's all relatively minor, but my flat has attracted first time buyers who may be more cautious than others and they're just instantly put off.

PersianCatLady

new_but_not_new wrote: »

Hello
I think I've posted in relation to this before but need some quick advice from you knowledgeable experts!

Been trying to sell my flat for well over a year. It's in a great location, priced sensibility and in good condition - in short, not much wrong with it. Other properties, flats, in my road and the surrounding area have sold within four or five months at most and at approx 10% of marketed price. I would be more than happy with an offer at 10% lower...

However, the negative feedback I have had via the agent from viewers has been almost entirely about my neighbours, the tenants who have lived in the flat next door for just over two years. The dirt outside their door, the lingering dirty, musty smell and the noises (clearing of lungs, groaning and moaning) have all been mentioned.

Over a year ago I first mentioned this to their landlord and have mentioned it a few times since. He has spoken to them but nothing has changed and now he doesn't listen to me.

What can I do? My conveyancing solicitor suggested I take the legal route but it would be tricky, expensive and I'd have to declare it in the property details.

I strongly believe, as does my solicitor, that they are obstructing the sale of my flat and devaluing it. Is it the tenants that I need to focus on or their landlord?

What should I do? I can't afford to sell my flat at a drastically lower price. I could just sit tight and hope they move out. No one has stayed in that flat for longer than three years...

The neighbours are also rude and get aggressive if I try to reason with them - which 'Ive tried - many, many times.

Help please!!

To be honest, I wouldn't want to live somewhere with neighbours like yours but I really don't see what you can do about them.

Crashy_Time

Coughing, groaning and moaning? Hardly what I would call real anti-social behaviour TBH........I think it is probably priced too high, but by dropping your price you also drop the landlords price if he wants to sell as a thank you for all you have put up with over the years, and you get to move, win win. Sometimes pricing to sell is less stress than going back and forth between neighbours, solicitors and landlords which is probably a waste of your valuable time anyway IMO.

stator

The devaluation of your flat is irrelevant. Your neighbours have no obligation to help you prop up the value of your property or to help you sell it.

The only route you can go down is the anti-social behaviour / environment health route, to try and get them to change their behaviour or leave. The council deal with complaints of this sort but it won't help you sell your flat in the short term.

Start documenting anything that you think is anti-social or illegal.

new_but_not_new

But could I do something about it? Does their landlord have a legal obligation to ensure his tenants aren't acting in this way?

new_but_not_new

I realise it sounds a bit tame - groaning, moaning, etc but they do this whilst standing by their front door when I have had viewers and ONLY when I've had viewers! It almost a purposeful act and I've no idea why they do this. Maybe they don't want new neighbours.

Mojisola

Maybe the neighbour's LL is encouraging them to behave this way so that you have to drop the price drastically at which point, he'll step in to buy from you.

Has your EA tried marketing the flat to LLs rather than FTBs? They won't be so concerned about the neighbours.

cattie

Have you tried not doing viewings yourself & letting the ea do them to see if this makes any difference? Or having some music or other background noise to try to mask sounds from the neighbour?

There will be no legal way to get the neighbours to stop what you feel they are doing unfortunately.

How many viewers have you had in the time the flat's been on the market?

agrinnall

new_but_not_new wrote: »

But could I do something about it?

You've already been told that what you can do is raise it with your council's Environmental Health department. You won't know if they'll do anything about it until you've spoken to them.