TA6 Form

user1977

Deleted_User said:

user1977 said:

Falafels said:

You only have to declare official disputes with neighbours on the TA6 form;

No, it asks about any disputes or complaints, not just "official" ones (whatever that means). And also asks about anything which might lead to a dispute.

Proving that the vendor ought to have declared something is, as you say, a different matter.

Pretty pointless asking people to declare anything non-official as nobody ever will. 

It can't be proved and nobody in their right mind is going to jeopardise the sale of their property by admitting to the fact their neighbours are noisy. 

Well, it could be proved if (for example) other neighbours told the buyer "oh yes, Frank from your place was always going round to complain to them" etc. And the likes of the council/police aren't going to be keen to disclose who's been grassing to them, so "official" complaints aren't necessarily any easier to evidence.

But my point was more that it's a common misconception that vendors are only asked to disclose "official" complaints.

[Deleted User]

user1977 said:

Deleted_User said:

user1977 said:

Falafels said:

You only have to declare official disputes with neighbours on the TA6 form;

No, it asks about any disputes or complaints, not just "official" ones (whatever that means). And also asks about anything which might lead to a dispute.

Proving that the vendor ought to have declared something is, as you say, a different matter.

Pretty pointless asking people to declare anything non-official as nobody ever will. 

It can't be proved and nobody in their right mind is going to jeopardise the sale of their property by admitting to the fact their neighbours are noisy. 

Well, it could be proved if (for example) other neighbours told the buyer "oh yes, Frank from your place was always going round to complain to them" etc. And the likes of the council/police aren't going to be keen to disclose who's been grassing to them, so "official" complaints aren't necessarily any easier to evidence.

But my point was more that it's a common misconception that vendors are only asked to disclose "official" complaints.

Not really. Asking the busy-body from over the road can't really be used as solid proof. Even if its true, its still not proof. 

Anyway, if nothing can be proved, then the question is pretty pointless - which was the point I was making. 

GDB2222

Deleted_User said:

user1977 said:

Deleted_User said:

user1977 said:

Falafels said:

You only have to declare official disputes with neighbours on the TA6 form;

No, it asks about any disputes or complaints, not just "official" ones (whatever that means). And also asks about anything which might lead to a dispute.

Proving that the vendor ought to have declared something is, as you say, a different matter.

Pretty pointless asking people to declare anything non-official as nobody ever will. 

It can't be proved and nobody in their right mind is going to jeopardise the sale of their property by admitting to the fact their neighbours are noisy. 

Well, it could be proved if (for example) other neighbours told the buyer "oh yes, Frank from your place was always going round to complain to them" etc. And the likes of the council/police aren't going to be keen to disclose who's been grassing to them, so "official" complaints aren't necessarily any easier to evidence.

But my point was more that it's a common misconception that vendors are only asked to disclose "official" complaints.

Not really. Asking the busy-body from over the road can't really be used as solid proof. Even if its true, its still not proof. 

Anyway, if nothing can be proved, then the question is pretty pointless - which was the point I was making. 

Any claims being made against the vendor about non-disclosure would be a civil matter, where the standard of proof would be 'balance of probabilities'. So, if the neighbour overheard a complaint being made, that would be perfectly good proof.

Trickier, though, is the difference between a complaint and a request. "Could you turn your music down, please."  That sounds like a request.

eddddy

Taking a step back...  are you saying that the leasehold flat next to yours is being used for 'Short Term holiday Accommodation'?

• If so, that is very likely to a breach of a covenant in the lease. Your lease probably says that if you report this breach to the freeholder, the freeholder must take action to enforce the lease.  (But your lease probably also says that you have to pay the freeholder's costs in enforcing the covenant.)

Are you also saying that the nature of the flat has changed from a typical 'dwelling' to something more like a party venue? Or somewhere where a number of guests with suitcases are arriving and leaving every day?

• If so, that sounds like a 'material change of use', which would require planning consent. It's very unlikely that the flat owner would get consent for that kind of change of use in a residential block of flats. So you can report the alleged illegal change of use to your local planning department. If they agree with you, they should serve an enforcement notice on the flat owner saying that the flat can only be used as a dwelling.