Seller lied on TA6 Form, now lack of enjoyment, what next?

fackers_2

saajan_12 said:

No recourse from the sellers - noise levels are subjective, you don't know that (a) the noise was the same level x months ago and (b) that the sellers considered it a problem - maybe they were at work / sound sleepers / deaf / loud themselves / have a higher tolerance.. 

Possible options are 
- add insulation your side
- change working patterns / room layout so you don't use the side with the louder neighbours
- ask neighbours and/or their landlord to change something
- move

Multiple concerns from next door to Neighbour A and other people coming forward telling us about the problems the seller had with noise. Single person, middle aged and as highlighted above, its been consistent since day 2 they aren’t going to just turn it on out of sheer coincidence, balance of probability + backing of other neighbours says otherwise. I’ve even been told the seller went around a few times to their house to see if she could lean on her job to help sort things. So he absolutely knew!

To add, we have found out that Neighbours A is renting the property, we’ve been in touch with the owner and served a covid eviction notice (6 months) which is up next month yet we’ve now been told last week that as they’ve stressed they can’t find anywhere it will now likely be extended). 

It’s a regular sized terrace house, don’t have the luxury of moving to a side room or sleeping elsewhere as you hear it in every room. 

Thanks for your suggestions. 

fackers_2

Thrugelmir said:

With everyone cooped up due to Covid. Relationships may well be becoming fraught. Sound proofing in some houses isn't great. Buy some noise cancelling headphones. 

Shouldn’t have to wear them?! Even while watching TV the noise can come over, incl in the bedroom too. We shouldn’t have to live like this. We are however looking at installing sound deadening material and further boxing over in the alcoves as that seems to be the point at which the noise is loudest / most clear. 

RelievedSheff

fackers_2 said:

Thrugelmir said:

With everyone cooped up due to Covid. Relationships may well be becoming fraught. Sound proofing in some houses isn't great. Buy some noise cancelling headphones. 

Shouldn’t have to wear them?! Even while watching TV the noise can come over, incl in the bedroom too. We shouldn’t have to live like this. We are however looking at installing sound deadening material and further boxing over in the alcoves as that seems to be the point at which the noise is loudest / most clear. 

People have to do a lot of things that they shouldn't have to.

You have bought a terraced house knowing that you will have neighbours in close proximity on both sides of you. It is unreasonable to expect complete silence.

I fully understand how frustrating it is living with noisy neighbours. We had it for 12 years in our previous property but were not in a position to move as we had bought in 2007 at the height of that peak in house prices, subsequently prices in the area plummeted and we were stuck in negative equity for a long time.

Sound travels in many ways through properties. You will never completely block out the neighbour noise in an older terraced house I'm afraid. The way they are constructed just doesn't lend itself to complete silence from next door. You could spend a lot of money for very little gain.

fackers_2

RelievedSheff said:

fackers_2 said:

Thrugelmir said:

With everyone cooped up due to Covid. Relationships may well be becoming fraught. Sound proofing in some houses isn't great. Buy some noise cancelling headphones. 

Shouldn’t have to wear them?! Even while watching TV the noise can come over, incl in the bedroom too. We shouldn’t have to live like this. We are however looking at installing sound deadening material and further boxing over in the alcoves as that seems to be the point at which the noise is loudest / most clear. 

People have to do a lot of things that they shouldn't have to.

You have bought a terraced house knowing that you will have neighbours in close proximity on both sides of you. It is unreasonable to expect complete silence.

I fully understand how frustrating it is living with noisy neighbours. We had it for 12 years in our previous property but were not in a position to move as we had bought in 2007 at the height of that peak in house prices, subsequently prices in the area plummeted and we were stuck in negative equity for a long time.

Sound travels in many ways through properties. You will never completely block out the neighbour noise in an older terraced house I'm afraid. The way they are constructed just doesn't lend itself to complete silence from next door. You could spend a lot of money for very little gain.

I haven’t once said we’d have complete silence we appreciate that living in a terraced house we will perhaps hear the neighbours from time to time, I grew up in one so it’s not new to me. But the level at which they shout, scream and fight is beyond and should not be tolerated. May I add, on the opposite side of the house we hear their arguments very clearly. 

That’s a horrible time to have experienced that but good to hear you’ve found yourself in a better position now. 

Would you then decide to chase the seller for some compensation? If we’d known about this we certainly wouldn’t have bought the house. 

princeofpounds

davidmcn said:

princeofpounds said:

You need to find evidence of the vendors making some kind official complaint about the noise to even start thinking of chasing them.

There is no need for "official" complaints to have been made, but there does need to some sort of evidence that there was a persistent problem and the vendors were aware - so are the other neighbours prepared to testify?

Fair point, something material and evidential at least. The problem with neighbour testimony is that they can just dismiss it as day-to-day griping about the problem, rather than anything too material.

juliedee4663

You need to speak to a Property Lawyer, rather than a Conveyancer, to see if you have a reasonable case for a claim against the previous owners.

I really feel sorry for you, noisy neighbours are absolute hell.

fackers_2

princeofpounds said:

davidmcn said:

princeofpounds said:

You need to find evidence of the vendors making some kind official complaint about the noise to even start thinking of chasing them.

There is no need for "official" complaints to have been made, but there does need to some sort of evidence that there was a persistent problem and the vendors were aware - so are the other neighbours prepared to testify?

Fair point, something material and evidential at least. The problem with neighbour testimony is that they can just dismiss it as day-to-day griping about the problem, rather than anything too material.

Does daily audio recordings and calls from other neighbours to police not suffice? But also the fact that they are griping surely shows there was something to be aware of and ultimately disclose on the TA6 form regardless of subjectiveness.  

davidmcn

juliedee4663 said:

You need to speak to a Property Lawyer, rather than a Conveyancer

A conveyancer is a property lawyer. They want to speak to a litigator.

RelievedSheff

fackers_2 said:

RelievedSheff said:

fackers_2 said:

Thrugelmir said:

With everyone cooped up due to Covid. Relationships may well be becoming fraught. Sound proofing in some houses isn't great. Buy some noise cancelling headphones. 

Shouldn’t have to wear them?! Even while watching TV the noise can come over, incl in the bedroom too. We shouldn’t have to live like this. We are however looking at installing sound deadening material and further boxing over in the alcoves as that seems to be the point at which the noise is loudest / most clear. 

People have to do a lot of things that they shouldn't have to.

You have bought a terraced house knowing that you will have neighbours in close proximity on both sides of you. It is unreasonable to expect complete silence.

I fully understand how frustrating it is living with noisy neighbours. We had it for 12 years in our previous property but were not in a position to move as we had bought in 2007 at the height of that peak in house prices, subsequently prices in the area plummeted and we were stuck in negative equity for a long time.

Sound travels in many ways through properties. You will never completely block out the neighbour noise in an older terraced house I'm afraid. The way they are constructed just doesn't lend itself to complete silence from next door. You could spend a lot of money for very little gain.

I haven’t once said we’d have complete silence we appreciate that living in a terraced house we will perhaps hear the neighbours from time to time, I grew up in one so it’s not new to me. But the level at which they shout, scream and fight is beyond and should not be tolerated. May I add, on the opposite side of the house we hear their arguments very clearly. 

That’s a horrible time to have experienced that but good to hear you’ve found yourself in a better position now. 

Would you then decide to chase the seller for some compensation? If we’d known about this we certainly wouldn’t have bought the house. 

No we didn't chase the seller for compensation. We didn't think it worth the effort and what compensation would we have got?

They would not take the house back. We had bought it, we were now the owners, it was up to us to get on with living there as best we could until we could move again.

amyr

I really feel for you. We've experienced this type of situation and know the immense impact on mental wellbeing. You almost end up waiting for it to happen, which can be soul destroying. 

In my experience, addressing the root cause is the best point of call - speak to the neighbours or their landlord. It's positive they seem to be on their way anyway, and I hope the process of their eviction goes quickly for you. 

(Remember, if you lodge any formal complaints then choose to sell you'd also be obligated to declare them.)