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  • FIRST POST
    • mikul182
    • By mikul182 12th Jan 18, 2:33 PM
    • 17Posts
    • 6Thanks
    mikul182
    Trouble selling house due to nuisance neighbour *Please Help*
    • #1
    • 12th Jan 18, 2:33 PM
    Trouble selling house due to nuisance neighbour *Please Help* 12th Jan 18 at 2:33 PM
    Hi,
    I have my terraced property on the market. I currently live in quite a popular area and have had ample interest and viewings since putting my house up for sale.
    Only problem is the next door neighbour. She has 3 dogs, 2 of which bark constantly at any time of the day or night, sometimes for hours on end.
    She herself has a drink problem and can be intoxicated any time of the day.
    She smokes weed on a regular basis.
    Her back garden is a mess with a converted burger van dumped in the middle of it, which is an absolute eye sore, it was acquired last summer and used to get drunk in for a few months now sits unused in said garden to just rot.
    She has a 12 year old son who has been diagnosed with ADHD who shouts/swears at the top of his voice mostly between 7.30pm - midnight. Taken out of school a year ago to be ‘home schooled’. That itself is a joke.
    Our house has been on the market for 3 months now and the feedback from viewings is always very positive with the one deciding factor being the next door neighbour.
    I have tried so many different ways of resolving this matter as I know I have to disclose any information to potential buyers. I am an honest person and wouldn’t hide any of these facts. I would rather be disclosing it as a resolved matter rather than an ongoing ‘problem’.
    She has been irritating for 5 years now mostly we have been able to ignore the disruptions but the last year has been absolute hell since she acquired the dogs. They are untrained, never exercised and sit in the horrible stone floor garden surrounded by a near 7ft poorly erected wooden fence. She has had 2 of the 3 dogs from pups so they know no other way of life and spend their days barking through boredom and being unaware of the outside world.
    So far I have contacted the RSPCA, who were powerless to act as the dogs are of reasonably good health.
    I have contacted the dog warden who is useless.
    I have contacted the police via 101, on several occasions, to report the weed. No action has been taken.
    My local council were unable to pursue the ‘human noise’ complaint I raised of to the child shouting/swearing at all hours of the day.
    Am I missing something? I seem to have gotten nowhere in my quest to resolve these matters. The main concern being the constant dog barking.
    Myself and my family are literally prisoners in our own home here and feel intimidated by this. Myself and my partner both work and are bringing up our young daughter in these unacceptable conditions. How is anyone going to buy my house??
    It is such a shame as we have had an offer on our dream home accepted and we are desperate to resolve the problems with our neighbour in order to sell our property and move into the new house.
    Thank you to anyone who took the time to read this post. Anyone with experience in this themselves or anyone with any suggestions please reply!!!

    Many Thanks
    Mike
Page 2
    • tv21
    • By tv21 13th Jan 18, 9:15 PM
    • 25 Posts
    • 38 Thanks
    tv21
    Does she go on holiday? If she doesn't, can you pay for her to do so and sell while she’s away?
    • nimbo
    • By nimbo 13th Jan 18, 9:54 PM
    • 3,267 Posts
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    nimbo
    If the child is up until all hours and being poorly homeschooled with their needs not being catered for then there may be a need for social care input.

    It might help get them the support that the child needs to better manage their condition.

    Which in turn could have a positive impact on the noise issue. At least for a period.

    Stashbuster - 2014 98/100 - 2015 175/200 - 2016 501 / 500 2017 - 200 / 500 2018 3 / 500
    • moneyistooshorttomention
    • By moneyistooshorttomention 14th Jan 18, 7:34 AM
    • 15,858 Posts
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    moneyistooshorttomention
    Does she go on holiday? If she doesn't, can you pay for her to do so and sell while she!!!8217;s away?
    Originally posted by tv21
    I would have thought that's one quick way to get in trouble with any poor person that bought the house in ignorance of what the neighbour is like - and puts in an official complaint against OP for doing that to them.

    As for paying for a troublemaker to have a free holiday precisely because they are a troublemaker!!!!
    Last edited by moneyistooshorttomention; 14-01-2018 at 7:37 AM.
    *******************
    • Mickygg
    • By Mickygg 14th Jan 18, 7:43 AM
    • 1,428 Posts
    • 1,174 Thanks
    Mickygg
    Does she go on holiday? If she doesn't, can you pay for her to do so and sell while she’s away?
    Originally posted by tv21
    I would seriously not recommend this.
    • Davesnave
    • By Davesnave 14th Jan 18, 9:08 AM
    • 25,327 Posts
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    Davesnave
    Given that it takes about 12-15 weeks to buy a house, that would be some holiday!

    To my mind, there's probably only two answers here:
    • Wait it out. People with chaotic lives eventually screw-up, big time, but if this one's not paying rent, it might be a long wait. I'd investigate that situation further, if possible.
    • Take a financial hit and move on. Houses become much less desirable/valuable for all sorts of reasons, some of which are intractable. If one happens to be the owner and the object is to get out, the logical response is to market at a price reflective of the new situation. There is always a commercial buyer less concrned about the neighbours than their % return on investment.
    If you are finding huge gaps between your paragraphs and use Firefox, MSE know about the problem. However, they aren't necessarily doing anything about it yet....
    https://forums.moneysavingexpert.com/showthread.php?t=5844460
    • Mutton Geoff
    • By Mutton Geoff 14th Jan 18, 10:15 AM
    • 1,139 Posts
    • 1,243 Thanks
    Mutton Geoff
    Any convenants on the property retricting what can be kept on the land?

    I would be tempted to negotiate with her first despite your predjudices against her lifestyle and behaviour. She might be a reasonable person whose life has just fallen into a mess and you could be the catalyst to put things right.

    Failing that, start loading her up with police complaints, council noise, other neighbours etc.
    Compensations/Refunds from Banks & Institutions - £4,165 | Stooz Profits - £7,636 | Quidco - £4,014

    All with a big thank you to Martin and MSE.com from Mutton Geoff!
    • Davesnave
    • By Davesnave 14th Jan 18, 10:21 AM
    • 25,327 Posts
    • 93,101 Thanks
    Davesnave
    I would have thought that's one quick way to get in trouble with any poor person that bought the house in ignorance of what the neighbour is like - and puts in an official complaint against OP for doing that to them.
    Originally posted by moneyistooshorttomention
    There's the matter of the TA6 too.

    I ought to know this by now! Is it question 2.1?

    Yes, it is.

    https://www.lawsociety.org.uk/support-services/advice/articles/ta-form-specimens/
    If you are finding huge gaps between your paragraphs and use Firefox, MSE know about the problem. However, they aren't necessarily doing anything about it yet....
    https://forums.moneysavingexpert.com/showthread.php?t=5844460
    • moneyistooshorttomention
    • By moneyistooshorttomention 14th Jan 18, 11:02 AM
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    moneyistooshorttomention
    That's exactly the one I meant Dave - had forgotten the number of that particular question.

    Not so sure on people that lead chaotic lives always coming to grief eventually. By my age (60's) I can see some "chickens coming home to roost" a bit down the line for a few. But I can certainly think of someone a little bit older than me (a former friend) that hasnt had it catch up with her yet - that ball has been passed down the line to her children (who are likely to fall out big-time with each other in, I estimate, 20 years time). Make that 10 years if her faulty memory she is demonstrating sometimes these days is "the start of....".
    Last edited by moneyistooshorttomention; 14-01-2018 at 11:05 AM.
    *******************
    • londonwayfarer
    • By londonwayfarer 14th Jan 18, 11:09 AM
    • 3 Posts
    • 3 Thanks
    londonwayfarer
    give her a taste of her own medicine
    1/ buy a solid music system with big speakers
    2/ Figure out when she sleeps (or she/children/dogs don't make noise)
    3/ At those times, play the music system at full volume to give her a taste of her own medicine
    • moneyistooshorttomention
    • By moneyistooshorttomention 14th Jan 18, 11:21 AM
    • 15,858 Posts
    • 43,888 Thanks
    moneyistooshorttomention
    1/ buy a solid music system with big speakers
    2/ Figure out when she sleeps (or she/children/dogs don't make noise)
    3/ At those times, play the music system at full volume to give her a taste of her own medicine
    Originally posted by londonwayfarer
    Then OP gets a name as a troublemaker too

    No - much more practical, I feel, is the "attack from all sides" scenario (ie police complaints, council, other neighbours) approach advocated by another poster on here. I know of one instance where it worked.

    Though it has to be said that I know of another one (against a decent person) where it didnt work - because said "decent person" knew what the neighbours were up to and "rode it out" until they stopped "playing silly b&ggers" against the person.
    *******************
    • TheGardener
    • By TheGardener 14th Jan 18, 11:40 AM
    • 2,314 Posts
    • 2,205 Thanks
    TheGardener
    A relative had a similar problem - she found a contact with one of the more 'militant' animal rights groups and they relieved her neighbour of the dogs and found them good homes.
    A similar line of 'contacts' who travel though the area maybe happy to relieve her of the burger van. Sometimes, although not exactly within the realms of the law - fighting fire with fire can have some benefits - although of course I am not suggesting you do anything illegal...
    The only way to deal with the child is to persist in approaching social services and the education dept about what appears to be neglect. The neighbours behaviour suggests she too may well be in need of help.
    Check with your council if there are any public protection orders in the area that could deal with AS behaviour.
    Last edited by TheGardener; 14-01-2018 at 11:43 AM.
    • Davesnave
    • By Davesnave 14th Jan 18, 11:41 AM
    • 25,327 Posts
    • 93,101 Thanks
    Davesnave
    1/ buy a solid music system with big speakers
    2/ Figure out when she sleeps (or she/children/dogs don't make noise)
    3/ At those times, play the music system at full volume to give her a taste of her own medicine
    Originally posted by londonwayfarer
    Sorry to be a little rude, but if you'd read the OP's posts carefully and understood the clues in them, you'd know this will never happen. Even if it did, it might have as much effect as the changing weather.

    Taking the battle to the enemy isn't for everyone and relying on third parties to do it is not a guaranteed route to success either. Both approaches can become fraught with anxiety -inducing situations and exhaust those involved.

    How is anyone sure what the council will do, when their main concern will be to protect public funds? Like the RSPCA and social services, the default position is to be seen to do something, but in the real world that means ticking a few boxes, sending out warnings and having 'consultations' or 'mediation.'

    The latter is still a far better idea than yours, but, given the circumstances, I wouldn't put any money on it succeeding.
    If you are finding huge gaps between your paragraphs and use Firefox, MSE know about the problem. However, they aren't necessarily doing anything about it yet....
    https://forums.moneysavingexpert.com/showthread.php?t=5844460
    • Noctu
    • By Noctu 14th Jan 18, 1:16 PM
    • 1,502 Posts
    • 1,690 Thanks
    Noctu
    We had a similar situation (although not quite as bad as what you're describing). We part exchanged with a local builder. 3 years later we couldn't be happier
    • Smodlet
    • By Smodlet 14th Jan 18, 1:26 PM
    • 3,216 Posts
    • 6,362 Thanks
    Smodlet
    I sympathise so much, I really do. We live the other side of a party wall from the neighbour from hell. The only thing that really got the council's attention was a catalogue of sound recordings; have you tried this?

    I realise the child's noise is probably inadmissible if it has "issues" (don't get me started) but, if the mother gets off her head and makes noise at anti social hours, that should provide evidence of her neglect. It will take a long time and be even more stressful than filling out a nuisance log but, if it yields results, will be worth it.

    I wish you luck... If you like, you can do the same for me; the fight continues...
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • mikul182
    • By mikul182 30th Jan 18, 3:09 PM
    • 17 Posts
    • 6 Thanks
    mikul182
    Thank you to everyone that took the time out to reply.
    An update to the situation, since the 15th Jan, 3 dogs has become 2 dogs. The golden retriever that barked non stop has disappeared! The barking has improved considerably. The only problem regarding noise now is that the one of the remaining 2 dogs, a pug, has upped his barking. I don!!!8217;t know if its cos it misses the other dog? The pug doesn!!!8217;t get walked so is obviously bored out of its mind but it seems as if its taken over from where the retriever left off. The pug barks a few (too many) times a day. More than average and it is annoying because I have forgotten what peace and quiet actually is. Hopefully this now means that potential buyers of our property are a not put of by any activity from said nuisance neighbour.
    • trevormax
    • By trevormax 30th Jan 18, 8:31 PM
    • 858 Posts
    • 865 Thanks
    trevormax
    I would suggest you first stop being so dramatic about the situation and think about it logically and without strong emotion. Sure, it is stressful selling a house, but saying that filling in a form for the noise is "highly stressful" is unrealistic and potentially you are winding your self up a bit thinking that.

    Secondly, I would suggest you take a look at new, recent legislation introduced exactly for situations like the one you find your self in. The Anti-social Behaviour, Crime and Policing Act 2014. Specifically, Part 6 S104 (http://www.legislation.gov.uk/ukpga/2014/12/part/6/crossheading/response-to-complaints-about-antisocial-behaviour/enacted)

    This deals with the responsibilities of your council, councillors and police when it comes to ASB (such as noise complaints). In a nut-shell, if they (the council) receive a certain number of complaints of an ASB nature, the relevant bodies (council/police) must carry out a response to the behaviour (an ASB case review). To get them to do this, you have to ask them to do it. They then need to come up with a solution onnce they carry out the review. The results must then be published/documented.

    Basically, this new legislation was introduced to force bodies to act on ASB, and to document their actions, rather than shirking their responsibilities and doing nothing. If they don't follow the legislation, you can then complain to councillors and MP's to light a fire under them.

    Bear in mind, this isn't a quick overnight fix and will take months. However, it may end up with the neighbour being issued with a court injunction (Part 1 S1 http://www.legislation.gov.uk/ukpga/2014/12/part/1/enacted), Community Protection Order
    (Part 4 Chapter 1 http://www.legislation.gov.uk/ukpga/2014/12/part/4/chapter/1/enacted) or be kicked out of their house for 3 to 6 months (Part 4 Chapter 3 http://www.legislation.gov.uk/ukpga/2014/12/part/4/chapter/3/enacted). I would assume that the threat of any of these things would get your neighbour to sort out her dogs from barking.

    Finally, as others have said, if the child is being cared for by someone under the influence, and is at risk of harm or injury, and is not receiving proper education, then contact child services so that they can get involved.
    Last edited by trevormax; 30-01-2018 at 8:35 PM.
    • PhilE
    • By PhilE 31st Jan 18, 1:53 PM
    • 332 Posts
    • 211 Thanks
    PhilE
    Your living next to total scum and I really sympathize. Barking dogs are the worst, and people who allow their dogs to bark should move to countries where dogs bark, sewage is on the streets and human rights don't exist. Such places would suit their mentality.

    If this were in Germany, a dog barking at night past the half hour mark and a kid screaming would invite a visit from the law who would promptly shut them up. Not coincidental that Germany has the best economy in Europe and we don't.

    Document everything, take it to court and fight it. A child screaming until midnight is going to attract the attention of the social services.

    With the ignorant, they usually will stop when there's a threat of action against them, then they revert back to their usual mode of nastiness.

    During a temporary lull in the disruption, sell your home below market value and get out of there.
    Last edited by PhilE; 31-01-2018 at 2:04 PM.
    • Out, Vile Jelly
    • By Out, Vile Jelly 31st Jan 18, 3:32 PM
    • 3,989 Posts
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    Out, Vile Jelly
    I feel sorry for all the many dogs in this country that spend the vast majority of their lives stuck indoors or in miserable outdoor yards. They may be physically well fed, but constant barking is surely a sign of poor mental health. We should be less squeamish about removing dogs with zero quality of life.
    They are an EYESORES!!!!
    • Smodlet
    • By Smodlet 31st Jan 18, 3:37 PM
    • 3,216 Posts
    • 6,362 Thanks
    Smodlet
    Dogs who are neglected in all but the most basic ways for instance, never taken for walks, let out only long enough to go to the loo, never played with, will bark out of sheer boredom. It does not mean they should be put down or that they suffer from mental illness. They should be removed from the scum who make them suffer so and given to people who want to take good care of them. If anyone should be put down, it is those those who neglect them.

    I disagree that barking dogs are the worst form of noise nuisance: Screaming, swearing chavs are far, far worse. I have lived the other side of a wall from both and would welcome the dogs back with open arms.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • mikul182
    • By mikul182 4th Feb 18, 10:48 AM
    • 17 Posts
    • 6 Thanks
    mikul182
    I see a lot of comments suggesting to take a financial loss and just !!!8216;get out!!!8217;. The only fear I have there is that when it comes to the conveyancing side of things and me having to disclose any issues that the buyer then pulls out!
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