Completing PIF - neighbours disagree about an Airbnb issue this summer

Dazedandconfused71

Hi

When completing the PIF I wondered whether I should include information about one neighbour’s annoyance with another in relation to one household deciding to vacate their home this summer and use it as an Airbnb.  

We all live in a relatively new development of houses in a cul de sac.  

It is no longer being advertised and it did not cause me any inconvenience or problem whatsoever, but one of my neighbours has been very upset about it as she believes it shouldn’t have happened as it’s a residential area.  I know they (the two neighbours) had a disagreement about it but no action was seemingly taken.  

There is no specific clause forbidding this on the deeds (other than the ‘running a business from home’ generic clause).

Obviously I don’t want to jeopardise the sale of my house and I have no idea of what my neighbours future plans are.  They have been away (probably spending the vast sums of money they made in the summer due to covid stoping travel elsewhere) so haven’t bumped into them for ages.  

I don’t have any dispute or issue with any of the neighbours and planning is not required in this area to use a property as an air bnb so does this need to be mentioned?  I live in a tourist town when many properties are used as holiday lets so having properties around you that are rented in this way is the norm.  

I suppose that it they made supplementary enquiries in relation to this I wouldn’t know what to say and wouldn’t feel comfortable having to canvas neighbours about their views.  

NB I’m moving to live with my partner in another town so the move has nothing to do with the neighbours whatsoever.  

giraffe69

I thought any declaration on the form concerned disputes you may have had with any of your neighbours. As this does not affect you  and you weren't involved I can't see why you need to mention it on your form.

user1977

giraffe69 said:

I thought any declaration on the form concerned disputes you may have had with any of your neighbours.

No, the questions are a bit wider than that, and includes things which you are aware of which may cause a dispute.

But unless there's some objective problem caused by the Air BnB (not clear from the OP) I don't see a need to disclose every beef which your neighbours have had with each other.

theartfullodger

The decent thing to do would be to declare it so obvs that's what you'll do

eddddy

giraffe69 said:

I thought any declaration on the form concerned disputes you may have had with any of your neighbours. As this does not affect you  and you weren't involved I can't see why you need to mention it on your form.

I imagine the OP is concerned about this question:

2.1 Have there been any disputes or complaints regarding this property or a property nearby? If Yes, please give details:

You only have to give answers based on your own knowledge - so you certainly don't have to canvas your neighbours about this.

If your understanding is that the neighbours had a discussion about this, that doesn't really amount to a dispute. If your understanding is that they sent formal letters to each other and/or sent formal letters to official bodies (e.g. council planning) then maybe that might be classed as a dispute.

If you're in doubt, explain the circumstances to your solicitor and see what they advise.

MaryNB

eddddy said:

If your understanding is that the neighbours had a discussion about this, that doesn't really amount to a dispute. If your understanding is that they sent formal letters to each other and/or sent formal letters to official bodies (e.g. council planning) then maybe that might be classed as a dispute.

Dazedandconfused71 said:

It is no longer being advertised and it did not cause me any inconvenience or problem whatsoever, but one of my neighbours has been very upset about it as she believes it shouldn’t have happened as it’s a residential area.  I know they (the two neighbours) had a disagreement about it but no action was seemingly taken.  

Seems like it was a bit more than a discussion.

OP, if you do include it make it clear that it did not affect you in any way, no short terms lets actually took place so it wasn't an issue with anything like anti social behaviour, and that the issue is considered resolved since it is no longer being advertised for let. 

Shortly after I bought my house I found out a house near me is being used for short term lets but nobody has an issue with it and so it wasn't on the form. I have had no issues whatsoever and it doesn't bother me. 

Dazedandconfused71

Thanks everyone.

So to clarify I think one neighbour raised the issue with the Airbnb neighbour some months ago whose response was to say he could do what he wanted and that was that…. The property was let from April through to end of august this year. 

I am unaware of any more official complaints to the council or anything.  To be clear, nothing has actually happened in terms of air bnb guest issues (well one loudish BBQ during an England match during the euros but I think that was pretty commonplace tbh given the excitement of England’s success) - the retired neighbours concern is what they perceive could happen -  they are retired and not in great health so tend to view any change as potentially problematic.  They don’t often leave their house.  

The rest of us have no issue with it….in terms of the brief chats we’ve had.  

I guess I was trying to be clear on the scope of the form - are we supposed to recount issues between other parties that we don’t actually know the full facts about…. That seems like a be ask to me 

Dazedandconfused71

Sorry - a big ask I meant

user1977

The basic principle is that you should disclose things which your buyer would have wanted you to have disclosed. Somebody having a noisy barbecue months ago isn't one of those.

Dazedandconfused71

The advice I’ve had is that if it’s isn’t MY disagreement then it doesn’t meet the threshold for inclusion on the form as 

there has been no formal complaint to the council etc that I am aware of
i haven’t had any issues as a result of the Airbnb next door
Airbnb does not constitute formal change of use of the property
i cannot be expected to know what future plans of the neighbours are, or interrogate them to find out.  

I was just interested in the informed opinions of MSE forum so thank you.  

And case law in this issue isn’t super clear so good to get different perspectives….

wagg989

Any dispute needs to concern your own property or your grievance with another property. So if no-one has complained about your property and you haven't complained about anyone else's property then it doesn't need to be declared as I understand.