Selling property due to hardware flooring above

Xiaolongbao

hi, the flat in question is in Scotland.
Bought this place only 10 months ago, and discovered that upstairs flat has hardware flooring. The building is a tenement building made up of 1 bedroom flats (16 in total) with poor sound insulation. Having contacted the owner of the upstairs property, he's refused to put down carpets (I offered to pay in full), the council (environmental health team) said there's nothing they can do either. So I'm being forced to sell as the footsteps upstairs can be jarring, and I can hear the conversations of people upstairs. My autism makes this especially painful. 
The property questionnaire in Scotland doesn't ask about noise or neighbour disputes, but what should I disclose to my estate agent and prospective buyers? Not wanting to pass the problem onto someone else, but I'm not rich and also can't afford to lose huge amounts on the sale (or be sued?)
thanks for any advice

Xiaolongbao

from my research it seems it's caveat emptor in Scotland (buyer beware). There's the  Consumer Protection from Unfair Trading Regulations 2008, but that seems to only apply where the seller is a 'trader' and the buyer a consumer, so wouldn't apply in this context. 

I'm not planning on scheduling viewings at 'quiet' times or misleading like that, and definitely will answer honestly any questions put to me re. noise/poor-sound-insulation/neighbours. But if I put a giant sign up saying 'you will hear footsteps' then I'll lose a lot of money, and what's to stop an unscrupulous buyer from just putting it back on the market and profiting off my back/conscious? Really terrible situation, made worse since I tried to fix the issue at my own expense but it is outside of my control. 

[Deleted User]

Xiaolongbao said:

hi, the flat in question is in Scotland.
Bought this place only 10 months ago, and discovered that upstairs flat has hardware flooring. The building is a tenement building made up of 1 bedroom flats (16 in total) with poor sound insulation. Having contacted the owner of the upstairs property, he's refused to put down carpets (I offered to pay in full), the council (environmental health team) said there's nothing they can do either. So I'm being forced to sell as the footsteps upstairs can be jarring, and I can hear the conversations of people upstairs. My autism makes this especially painful. 
The property questionnaire in Scotland doesn't ask about noise or neighbour disputes, but what should I disclose to my estate agent and prospective buyers? Not wanting to pass the problem onto someone else, but I'm not rich and also can't afford to lose huge amounts on the sale (or be sued?)
thanks for any advice

If you disclose the noise to prospective buyers none of them are going to put an offer in.  I have been where you are, although thank goodness I was only renting, and it is hell so you have my sympathies.  I assume the person you bought the property from didn't disclose the racket raining down from upstairs when you bought the property. 

The council are fobbing you off.  There are things they can do under the Antisocial Behaviour (Scotland) Act 2004.  One would be mediation with your upstairs neighbour and if that fails the council can issue your neighbour with a non-ASB noise complaint.

https://www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2004/10/antisocial-behaviour-etc-scotland-act-2004-guidance-noise-nuisance/documents/0025278-pdf/0025278-pdf/govscot:document/0025278.pdf

Xiaolongbao

*hardwood flooring, typo

[Deleted User]

I see you have another thread on the same topic: https://forums.moneysavingexpert.com/discussion/6262602/selling-flat-with-hellish-footsteps-from-upstairs

[Deleted User]

I've skimmed your previous thread and the property upstairs is a short term let, like an Airbnb or similar.  Landlords in Scotland have a legal responsibility to ensure that their tenants do not cause a nuisance to the neighbours and I would think that is the case for those operating a short term letting business too.

Xiaolongbao

hi, upstairs isn't a HMO, the best council said they could do is mediation. 
Yes, the seller didn't say anything about noise to me. I agree it will be difficult to get offers by disclosing this issue, but I don't want to be sued either. Need to know if I should even disclose this to the estate agent conducting the sale for me. 

Xiaolongbao

Mediation won't work, the owner upstairs doesn't live there, doesn't care, wouldn't take my money to put in carpets.. even when his shower burst recently while no-one was upstairs for a weekend, after I paid hundreds of pounds to emergency plumber, no apology and he only paid me back half what I paid, and refused to get his insurance involved. Anyway that's a different issue, got to sell. I'm just certain that mediation won't work. He's aware I've autism and had a couple nervous breakdowns over the footsteps. 

[Deleted User]

Xiaolongbao said:

hi, upstairs isn't a HMO, the best council said they could do is mediation. 
Yes, the seller didn't say anything about noise to me. I agree it will be difficult to get offers by disclosing this issue, but I don't want to be sued either. Need to know if I should even disclose this to the estate agent conducting the sale for me. 

I never said anything about the flat upstairs being a HMO and it appears that the council did offer you something rather that the nothing your opening post suggested.  

In your previous thread you were told the Scottish Standard Clauses of the missives states,"there are no current disputes with neighbouring proprietors or occupiers or any other parties relating to access, title or common property."  Is there a current dispute?  If you are unsure it is something I would ask your solicitor but if the matter is closed then it is no current, is it?

Xiaolongbao

access, title or common property doesn't include noise

Xiaolongbao

The upstairs neighbour will likely never put down carpets, so that dispute will never be closed.