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Property Information Form- 'Complaints and disputes'
havingaball74
Posts: 268 Forumite
Hiya all,
On the PIF does 'complaints and disputes' mean only those that are recorded? Or does it mean verbal too?
I have a friend who is selling her mid terrace house. Last year she could smell cigarette smoke from the house next door (in the bathroom) and this lasted a few months. She mentioned it to the landlord of the property, not to complain (you can't stop people smoking in their own homes) more to find out whether he knew why the issue had just started. He said that there had been no structural work done and that his house was a non-smoking house. When my friend said the tenants were definitely smoking, he said that he would speak to them. After that, there was no problem at all. Apparently, the smell issue is common in older houses. The problem is resolved in that the new tenants are not smokers, but it depends on who moves in. Is this something she need to declare on the PIF? There is no paper trail as 'evidence' and it wasn't a complaint as such. Her concern is that if she doesn't mention it and the new buyer complains to the landlord, he might tell her about the conversation my friend had with him. She is paranoid about getting sued in the future through non-disclosure. Should she:
a)mention it on the form
b)keep quiet
Thanks on her behalf.
On the PIF does 'complaints and disputes' mean only those that are recorded? Or does it mean verbal too?
I have a friend who is selling her mid terrace house. Last year she could smell cigarette smoke from the house next door (in the bathroom) and this lasted a few months. She mentioned it to the landlord of the property, not to complain (you can't stop people smoking in their own homes) more to find out whether he knew why the issue had just started. He said that there had been no structural work done and that his house was a non-smoking house. When my friend said the tenants were definitely smoking, he said that he would speak to them. After that, there was no problem at all. Apparently, the smell issue is common in older houses. The problem is resolved in that the new tenants are not smokers, but it depends on who moves in. Is this something she need to declare on the PIF? There is no paper trail as 'evidence' and it wasn't a complaint as such. Her concern is that if she doesn't mention it and the new buyer complains to the landlord, he might tell her about the conversation my friend had with him. She is paranoid about getting sued in the future through non-disclosure. Should she:
a)mention it on the form
b)keep quiet
Thanks on her behalf.
0
Comments
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Why does she think next doors landlords should have fixed her floorboards?
... but no, I would not bother reporting a verbal discussion which is anyway resolved.0 -
Verbal complaints or disputes are complaints or disputes. But merely "asking" a neighbour about something isn't necessarily a complaint or dispute.
However, I don't see that something which only related to a now-departed neighbour is relevant, so I'd be inclined not to complicate matters by bringing it up.0 -
If she just had a conversation with the landlord of the neighbouring property, with no antagonism, nothing in writing, no outside body involved, nobody hitting anyone or calling the police, I would certainly not call that a complaint or dispute. That's just a neighbourly chat. I certainly wouldn't declare it, even if the same tenants were still in place. As they've moved out it's even less of an issue.0
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Sometimes it's just going to be a neighbourly discussion (because it's not always obvious what would cause a disturbance/nuisance) - I think the questionnaire is aiming at unresolved contentious issues.
And to be honest, I think anyone has to accept that their neighbours might smoke in their own homes! If there are gaps in the floor that's something either occupier can resolve.0 -
havingaball74 wrote: »Looking at the form with her now, 3.1 states "Have....any negotiations or discussions taken place which affect the property or a property nearby?"
This is so vague! A chat about the cigarette smoke sometimes coming through the walls/floorboards falls under this question doesn't it?
I advised her to check with her solicitor but she is worried that that could open a can of worms. To be fair, I have heard about people being sued through non-disclosure. But, cigarette smoke is like noise, isn't it? Some people don't mind, some do.
Section 3 is more about plans and propsals such as new developments, plannign permissions, etc.
The smoke issue would fall under section 2.0 -
Is it worth my friend asking her solicitor?0
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havingaball74 wrote: »Is it worth my friend asking her solicitor?
Yes, it's what they're paying for!0 -
Sometimes it's just going to be a neighbourly discussion (because it's not always obvious what would cause a disturbance/nuisance) - I think the questionnaire is aiming at unresolved contentious issues.
And to be honest, I think anyone has to accept that their neighbours might smoke in their own homes! If there are gaps in the floor that's something either occupier can resolve.
Is the fact that anyone who smokes next door causing a problem an unresolved contentious issue?0 -
havingaball74 wrote: »Is the fact that anyone who smokes next door causing a problem an unresolved contentious issue?
11 days on and your friend is still dithering about how to fill in the form? No wonder the house-buying process in England is so slow.
What did her solicitor say? If anything it sounds like a defect in the construction.0 -
She has filled the form in and said 'no' to complaints as it wasn't a formal complaint. She has handed the form in. She didn't speak to her solicitor in the end as she didn't want to open a 'can of worms' so to speak. The bit that is still stressing her out is that, because it is a construction issue as you say, this problem could cause 'disputes'in the future. If the new owner (a BTL investor) finds out she spoke to the next door neighbour she is worried about being sued. She is debating contacting her solicitor.0
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