Had an Offer on a property with problematic neighbour

Newheight13

Hi guys, 

In a horrible situation. Currently selling a BTL property and have had an offer on it. We have a neighbour in the block with mental health issues who shouts and swears to himself and bangs the walls sometimes. 

Tenants have never heard him surprisingly, but neighbours above can hear and have called the police many times. They come out tell him off and then he’s good for a week or 2 and then it starts again. 

They’ve contacted the landlord and council and they say they can’t do anything as there is nowhere to move them too. He’s had help and he’s still bad. 

I’ve called the police once because of the noise when I walked past. I’m of course going to disclose this on the form but should I inform them know before it gets to the point of the form being populated? 

Many thanks! 

paulintheprocess

If you’re aware of ongoing noise issues and police attendance, you’ll have to disclose it on the TA6 anyway, so it’s better not to leave it as a surprise. Buyers usually react worse when something comes out late in the process.

I’d just keep it factual rather than dramatic. Explain that the neighbour has occasional noise issues, tenants haven’t been affected, and the police have attended a few times but nothing serious has happened.

If you hide it and the buyer finds out later, you risk the sale falling apart or even a misrepresentation claim. Being upfront now means the buyer can decide with the full picture, and you’re protected.

WIAWSNB

What does the TA6 ask? It's whether there's any known neighbouring disputes or issues that affect the property. 
The tenants confirm that this noisy neighbour is inaudible to them. So, is there a dispute? Is there an issue? I'd suggest, technically no.
The OP, as the owner of a property in the block, did report the noise on one occasion, but not because it directly affected his property, since it didn't.
I wouldn't ignore it, tho', just out of fairness and duty, but whether it should be declared in the TA6 is surely debatable. 
Newheight, why don't your tenants hear him? Are they partially deaf?! Are they directly aware of his presence in any negative form?
If they are not deaf, and they are not adversely or directly affected, then it isn't an 'issue', afaIcs, so I don't see the requirement to include it in the TA6. But, I would inform the potential buyer as a courtesy. And because it's sensible to filter out folk who'd pull out later in any case.

user1977

WIAWSNB said:

What does the TA6 ask? It's whether there's any known neighbouring disputes or issues that affect the property. 

I have a sense of deja vu, but the actual questions on the form are:

Have there been any disputes or complaints regarding this property or a property nearby? and

Is the seller aware of anything which might lead to a dispute about the property or a property nearby?

I don't see how you can answer "no" to both questions if you're aware that a neighbour's (apparently ongoing) antisocial behaviour has already involved their landlord, the council and the police.

Answering "no comment" might be legitimate (on the basis the seller doesn't live there) but I suspect may cause even more suspicion than being open about the history.

WIAWSNB

user1977 said:

WIAWSNB said:

What does the TA6 ask? It's whether there's any known neighbouring disputes or issues that affect the property. 

I have a sense of deja vu, but the actual questions on the form are:

Have there been any disputes or complaints regarding this property or a property nearby? and

Is the seller aware of anything which might lead to a dispute about the property or a property nearby?

I don't see how you can answer "no" to both questions if you're aware that a neighbour's (apparently ongoing) antisocial behaviour has already involved their landlord, the council and the police.

Answering "no comment" might be legitimate (on the basis the seller doesn't live there) but I suspect may cause even more suspicion than being open about the history.

Fair do's re the TA6 Qs. 

EssexHebridean

I took U77's comment about deja vu to relate to the fact that we had a broadly similar thread to this not long ago? 

user1977

EssexHebridean said:

I took U77's comment about deja vu to relate to the fact that we had a broadly similar thread to this not long ago? 

In an ideal world we'd have a sticky, given how often people misstate what the form says.

WIAWSNB

EssexHebridean said:

I took U77's comment about deja vu to relate to the fact that we had a broadly similar thread to this not long ago? 

Oops! Thanks - will amend

Newheight13

Well I just claim clean about it and they didn’t care at all so all good!