What constitutes a noise dispute

[Deleted User]

Retracted ok

davidmcn

Deleted_User said:

I've been told that I only need to disclose a dispute that has involved the police or complaint to the council.

"Been told" by whom? It's a popular myth but not great advice.

Assuming we're talking about England or Wales, the relevant questions on the property information form are:
"Have there been any disputes or complaints regarding this property or a property nearby?", and
"Is the seller aware of anything which might lead to a dispute about the property or a property nearby?".

So something which has gone no further than arguments directly with the neighbours are certainly covered, as would something you are aware of but haven't (yet) actually complained about.

But I can see that many would take the view that a one-off (or, er, two-off) incident with no ongoing problems isn't worthwhile declaring. It is of course all academic unless something similar happens to the buyer, and then they find out that it's something historic you were aware of and failed to declare.

teachfast

I would simply write, "Minor one-off dispute over parties at the start of lockdown. Nothing recurring."

They can come back and ask for further details. 

[Deleted User]

Unfortunately as a complaint was officially made to the council then i'd think you would have to declare it on the property information form. As davidmcn posted, you will be specifically asked if any disputes or complaints have been made. 

Questions might be asked by potential buyers but your explanation does seem perfectly reasonable to me. Its not like the neighbours loud parties are a regular occurrence? So just deal with any questions if or when they crop up and be honest about it. 

Run the question by your solicitor if you're really unsure. 

springmagpie

Our previous house was rented, horrible neighbours who were noisy. I complained to the landlord (we both had the same one), the letting agents, also had police and council involvement. We moved out and our landlord put the property up for sale with a different agent, he failed to declare the noise issues. I notified the estate agents, not out of spite but I felt that I would have hated for someone to buy the house without knowing how horrible the neighbours were. It's safe to say the agents weren't best pleased he'd lied and they notified the buyers. The agent said the council report was searchable so there could have been come back if they didn't declare it. 

moneysavinghero

springmagpie said:

Our previous house was rented, horrible neighbours who were noisy. I complained to the landlord (we both had the same one), the letting agents, also had police and council involvement. We moved out and our landlord put the property up for sale with a different agent, he failed to declare the noise issues. I notified the estate agents, not out of spite but I felt that I would have hated for someone to buy the house without knowing how horrible the neighbours were. It's safe to say the agents weren't best pleased he'd lied and they notified the buyers. The agent said the council report was searchable so there could have been come back if they didn't declare it. 

How did you know he didn't declare it? It's not something you would declare in the ad, you would have to get into the purchasing process to receive that information.

Why would the EA's care? They just want to get a sale done

Phil4432

To be honest, the council probably didn't actually do anything.  So there wasn't actually a dispute.  Also, it was just a couple of parties.

Technically speaking, you had a chat with the council but a dispute never manifested and there wasn't actually a problem.  2 parties doesn't really count as a neighborhood issue.

Its a grey area, if asked I'd say that you made a complaint in error.  Which is actually the case.  Check with your conveyancer though.
I've known of someone who went through far, far worse.  They had a few visits from the old bill, council visits, threats of legal action.  Sold their house in a few months with no problems. 

NameUnavailable

Presumably if you wrote to the council (online) they responded? What did the response say?

When you asked the neighbours to turn down the music did they co-operate? I'm guessing not if you felt you had to take the matter further.

teachfast

To be honest if next door are renting they will come and go anyway, and any prospective buyer of your house will know the issues that can bring. I think you're oversweating it. Just declare it, along with the circumstances (which are fairly trivial) and move on. 

NameUnavailable

Deleted_User said:

The response asked us to keep a diary and download an app to measure the noise. They cooperated both times but my wife was !!!!!! off the second time as it was a few days after the first complaint. She shouldn't have reported it but wasn't thinking straight at the time with her dad dying and trying to arrange a funeral we couldn't attend during lockdown.

I personally wouldn't call that a dispute then (I'm sure some will disagree). People were making noise, you asked them to turn it down and they did, problem solved.

If they had told you to XXXX off and kept playing loud music at night and the council had followed up that would absolutely be a dispute.

If in doubt discuss with your solicitors.

Tippytoes

My understanding is that if police/council are involved in any way - even if complaint is not pursued - you should declare it.  You follow that up by saying that the situation is resolved with no further occurrences.  I don't think any potential purchaser is deluded enough to think that there would be no issues to declare, especially if the vendor has lived in their home for a long time.  I could write a book about some of the neighbours I've had over the years.