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

elsien

fackers_2 said:

goldfinches said:

Have you considered paying the really noisy neighbours to go away?
I know you shouldn't have to and that this suggestion probably rubs you up the wrong way but I'm suggesting that a contribution to their relocation expenses could be very cost effective for you. 
You could make it contingent upon having left the property provided they move on/by a certain date and so on. If you really wanted to be mean you could shop them to the taxman afterwards too!

No I haven’t, Working in the hospitality industry I could pay them with ‘exposure’ that many customers seem to think is good enough to use lately.  They have an eviction order which is up next month, I doubt it will go ahead but one can keep all fingers crossed.  That’s not in my nature sorry. 

When you say eviction order, have they been given notice to quit or has it actually gone to court to get them out?
If it’s not got as far as court then unless they choose to leave of their own accord it could take months (or realistically a lot longer) for the LL to get them out. 

So (on the basis that they probably will be turfed out but you’re not sure when), if you knew they would be going in say 12 months time, could you find ways of living with it till then, or would you still think that the time and money it will take to move somewhere else is the better option?

m0bov

You could sue and undo the deal thus getting your money back. Otherwise what's the point of a ta6.

davidmcn

m0bov said:

You could sue and undo the deal 

Can you? That's not necessarily going to be feasible - in fact it's quite likely not to be. Claiming damages for the loss you've suffered is a more likely remedy, though you'd then have to evidence what that loss actually is e.g. can you get someone to say that the market value is £x lower because of the neighbours.

RelievedSheff

davidmcn said:

m0bov said:

You could sue and undo the deal 

Can you? That's not necessarily going to be feasible - in fact it's quite likely not to be. Claiming damages for the loss you've suffered is a more likely remedy, though you'd then have to evidence what that loss actually is e.g. can you get someone to say that the market value is £x lower because of the neighbours.

That is the crux of the problem. What are the OP's losses? Possibly nothing. Was the house priced cheap already to take account of the neighbours?

You would have to prove that there was a loss before you could proceed the legal process to sue the previous owner. Not sure how you put a monetary value on loss of enjoyment. You really can't and you would be hard pressed to prove that the property has lost value in a rising market sue to the neighbours.

warwick2001

NameUnavailable said:

Interesting thread. Questions about what to disclose on the forms comes up from time to time and the advice is to be truthful as one could face penalties if something isn't disclosed.

Now we have someone with a problem that wasn't disclosed and the advice is just move, nothing you can do about it etc.

So, what exactly is the point of the form in the first place?

^^^ 100% 

These forms appear to be a total waste of time. If the legal repercussions are almost non-existent, and almost impossible to prove as many are subjective, then seriously, what's the point? (and that's a genuine question)

And in the OP's case, it would appear that even the legal profession themselves simply ignore/lie on these forms. So if they are lying on the forms, and have no concerns of any later action, its kinda makes them moot, doesn't it?

Thrugelmir

warwick2001 said:

NameUnavailable said:

Interesting thread. Questions about what to disclose on the forms comes up from time to time and the advice is to be truthful as one could face penalties if something isn't disclosed.

Now we have someone with a problem that wasn't disclosed and the advice is just move, nothing you can do about it etc.

So, what exactly is the point of the form in the first place?

And in the OP's case, it would appear that even the legal profession themselves simply ignore/lie on these forms. So if they are lying on the forms, and have no concerns of any later action, its kinda makes them moot, doesn't it?

When buying a terraced house the neighbours are always going to be a concern. Even more so, when at least one adjoining property is a rental. Kick these tenants out. Who knows what the next ones are going to be like. Problem hasn't gone away and there's no one to blame. 

iampetesmith

Our vendor didn't get on with the neighbours on one side, he never mentioned or declared it anywhere otherwise we wouldn't have bought the house.

We only found out about all the problems after talking to the neighbours ourselves and it turns out that it was our vendor who was causing most of it. We think this is the reason why they sold, but the neighbours get on with us and it's all fine.

It just goes to show that if it was put on any of the forms, we'd have missed out on the house we wanted all through fear of what the neighbours could be like when really there's nothing wrong with them. A bit different to your situation, but it just shows how not seeing it beforehand actually works out sometimes. We've been here over a year now and not really had a single problem with anything, I've just made a few improvements to the house to get it the way we want it.

mrbg07546

Sorry to bring this up. Is it possible to do a FOI or SARS to see if someone complained

artyboy

mrbg07546 said:

Sorry to bring this up. Is it possible to do a FOI or SARS to see if someone complained

You're seriously asking this more than 4 years after the last post was made on this thread??

WIAWSNB

It could be a general Q about a general noise situation, and not in reference to this actual case.
Anyone know the answer?

(As for the OP - I wonder how they got on?)