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  • FIRST POST
    • Serena2013
    • By Serena2013 25th Feb 18, 6:26 PM
    • 15Posts
    • 1Thanks
    Serena2013
    Wanting to sell but issues with neighbours
    • #1
    • 25th Feb 18, 6:26 PM
    Wanting to sell but issues with neighbours 25th Feb 18 at 6:26 PM
    Hi,


    I’m after some advice as I brought my flat 5 years ago. I'm in the top flat and Leaseholder sold flat downstairs to a couple and young teenage boy.



    There is no sound insulation as it's an old Victorian property (built 1900). You can hear them talking, arguing and slamming doors. At the beginning it was civil but unfortunately I complained about them talking until 1am in the morning on weekdays when I was trying to sleep.



    They live in a one bedroom flat and the young teenage boy and mother never go out in the weekends. It got really difficult with the constant noise because there are 3 of them in a one bedroom flat and I got very annoyed and shouted from my flat upstairs (I know I shouldn't have). The following morning after not sleeping properly and still being annoyed I stomped down my split level apartment in the early morning so they could hear.



    I spoke to the lady that morning and explained that it's hard when I hear arguing when I come home from work, slamming doors and it must be really hard for a young teenage son to live in a one bedroom flat but there is no sound insulation in this property unfortunately. I also made the mistake of saying I'm selling so I don't want any issues.


    Now you can guess what happened next. They have given me issues - they are vibrating the flat whenever I get home and throughout the night. It's been going on for 2 weeks now and I haven't said anything because I want to sell. I feel the vibrations when I sit down and when I go to sleep. It's been really difficult for me to sleep for the past 2 weeks.



    I've tried talking to her about being harsh when I complained but she doesn't want to know. She said she's busy and can't talk now. I am being civil and nice whenever I see her but they are still vibrating the flat.



    I have not logged an official complaint because that will mean it will be harder for me to sell. I'm not sure what to do as I really want to get out because I feel very vulnerable now. I am looking at getting expensive carpet underlay for my bedrooms and living room (bottom layer of concrete, foam in the middle and then top layer is concrete again) to hopefully stop the vibrations coming through to my flat. I think they have installed ceiling fans in more than one room and even though it's Feb they have them on throughout the night to vibrate my flat.


    I am also scared because the kid talks very loudly and when there are viewings I feel they will constantly make noise. Also the kid swears very loudly also.



    Basically I'm after some advice on what I can do. I'm trying to just live with it so I can get the flat on the market as soon as possible but I'm also nervous that they will ruin my chances of getting a sale.



    Any suggestions would be greatly appreciated.



    I live by myself and there are 3 of them and I feel I'm being targeted because I'm by myself but I don't want to officially log anything because that will make it harder for me to sell.



    Apologies for the long e-mail. I'm just after some advice on what people would do if they were in my situation.



    Thanks


Page 3
    • Smodlet
    • By Smodlet 3rd Mar 18, 10:15 AM
    • 3,027 Posts
    • 6,087 Thanks
    Smodlet
    I do not think advising the OP to lie on the TA6 form is good advice. The buyer of the OP's flat could well discover there was trouble before they moved in. Why would these horrible neighbours not tell them? It is the kind of thing chavs do. Were this to happen, the OP would be in a whole load of legal ssshhh and so, potentially, might the EA be.
    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...
    • theinbetweener007
    • By theinbetweener007 3rd Mar 18, 1:47 PM
    • 17 Posts
    • 16 Thanks
    theinbetweener007
    They wouldn!!!8217;t be lying. They wouldn!!!8217;t have put anything down and it is in a very clear grey area as there has been no official complaint and no official record of such. What would the neighbour say exactly? !!!8216;We hated the person who lived their!!!8217;. Good luck using that to form a case.

    I, personally, would get on with my life and just sell it. Even if there was some recourse, which is highly unlikely, the poster can at least move on with their life which is clearly negatively impacted right now.
    • Smodlet
    • By Smodlet 3rd Mar 18, 2:43 PM
    • 3,027 Posts
    • 6,087 Thanks
    Smodlet
    They would be lying because one of the questions is "are you aware of any disputes?" It does not even have to be one in which the seller is directly involved. If the neighbours three and four doors down are at each other's throats and can be heard from your property, you cannot say you are not aware of this.

    What is a "clear grey area" when it is at home? That is an oxymoron. A situation is either clear or it is a grey area which, by definition, is not clear. Don't bother, I like being a pedant.
    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...
    • victoriavictorious
    • By victoriavictorious 3rd Mar 18, 2:53 PM
    • 203 Posts
    • 286 Thanks
    victoriavictorious
    They wouldn!!!8217;t be lying. They wouldn!!!8217;t have put anything down and it is in a very clear grey area as there has been no official complaint and no official record of such. What would the neighbour say exactly? !!!8216;We hated the person who lived their!!!8217;. Good luck using that to form a case.

    I, personally, would get on with my life and just sell it. Even if there was some recourse, which is highly unlikely, the poster can at least move on with their life which is clearly negatively impacted right now.
    Originally posted by theinbetweener007
    Suggest you take a look at the TA6 Law Society Property Information Form. No mention of 'official.'
    2.1 Have there been any disputes or complaints regarding this property or a property nearby? If yes give details.
    2.2 Is the seller aware of anything which might lead to a dispute about the property or a property nearby? If yes give details.

    EDIT
    Crossed post with Smodlet
    Last edited by victoriavictorious; 03-03-2018 at 3:02 PM. Reason: EDIT
    • Smodlet
    • By Smodlet 3rd Mar 18, 4:27 PM
    • 3,027 Posts
    • 6,087 Thanks
    Smodlet
    Suggest you take a look at the TA6 Law Society Property Information Form. No mention of 'official.'
    2.1 Have there been any disputes or complaints regarding this property or a property nearby? If yes give details.
    2.2 Is the seller aware of anything which might lead to a dispute about the property or a property nearby? If yes give details.

    EDIT
    Crossed post with Smodlet
    Originally posted by victoriavictorious

    But you said it better, thanks Victoria.
    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...
    • theinbetweener007
    • By theinbetweener007 3rd Mar 18, 11:58 PM
    • 17 Posts
    • 16 Thanks
    theinbetweener007
    For both of those questions what the poster has described wouldnt qualify as worthy of the word dispute. There hasnt been a dispute over a boundary involving lawyers. There hasn’t been a dispute over an assault involving police.

    You are suggesting neighbours falling out with each other over a petty squable that has required no escalation to any body of authority at all would qualify as a ‘dispute’. Goodluck with that. Do you have any idea how hard it would be raising issues with a purchase even if there were official bodies involved or even if the seller lied about pre-existing building faults?

    Do you have any official guidelines that clarify your assumptions that this ‘situation’ must be declared for those questions? The buyer is buying a building and not a guarantee of quality of neighbour.
    • jamesperrett
    • By jamesperrett 4th Mar 18, 12:28 AM
    • 798 Posts
    • 433 Thanks
    jamesperrett
    Just one thought about this mysterious vibration... Have they bought a new fridge or moved the existing one. Our latest fridge seems to vibrate more than our old one although it doesn't sound excessively noisy when you are in the same room.

    There's some really good carpet underlay made from recycled car tyres which would be good to reduce vibrations. Ask a local carpet shop whether they might have any samples or offcuts.
    • Davesnave
    • By Davesnave 4th Mar 18, 4:35 AM
    • 25,060 Posts
    • 92,623 Thanks
    Davesnave
    By the time the TA6 is being filled-in the buyer has viewed and must be reasonably happy with the property.

    When it comes to the relevant part, I would write. "In the 5 years I of my occupation, I have had one disagreement over noise with neighbours in the flat below. I later regretted and apologised for my behaviour on that occasion."

    Factual? Yes. Might give the wrong impression, but ideas in others heads aren't your problem. You wouldn't have lied.

    But as I said before, one pays a solicitor to advise on matters like this. Clear whatever you write with them and don't rely on amateurs on a forum!
    'It's a terrible thing to wait until you're ready…..Generally speaking, now is as good a time as any.' Hugh Lawrie.
    • Serena2013
    • By Serena2013 4th Mar 18, 6:45 PM
    • 15 Posts
    • 1 Thanks
    Serena2013
    I feel for you.

    I have had horrendous neighbours both in flats and houses. It is horrible. And I believe you when you say people will make noise and disrupt you just out of spite and in addition to them just not having any class. I personally have had neighbours turning music on at 1am despite their 4 year old screaming for them to turn it off. The same people, despite having an empty driveway, insisted on parking close enough to the entrance of my driveway so that I couldn’t get in if there was also a car parked opposite (as there often was). So I feel you.

    My advice? Nothing is worth your health. Put it on the market tomorrow at the market rate. Whatever happens during viewings happens. You will get more. If you don’t, drop the price.

    Ignore the scaremongers saying you have to declare this as a dispute, you definitely do not. If it involves a police charge then yes. But this hasn’t been so you’re good and as you’ve declared the problem is, unjustifiably, with you and you have no reason to believe they will target the new owner.

    You are starting to concentrate on the neighbours rather than living your life. You have tuned in. They are not nice people. Sell it on an no chain basis, get what you can, move on even if renting in interim or with a friend. Life will get better and you’ll be surprised how quickly you forget.

    As for them? Karma will get them. That’s why there’s 3 of them in a one bedroom flat.

    Goodluck
    Originally posted by theinbetweener007

    Thanks for your post. I think it's such a personal issue and only people who have been affected by noise (doesn't matter how loud it is as long as it's constant) understand how hard it can be.


    You are right, it's not worth my health and yes I have tuned in so I'm spending as much time away and living my life as possible.


    Thanks for understanding how difficult it is
    • Serena2013
    • By Serena2013 4th Mar 18, 6:48 PM
    • 15 Posts
    • 1 Thanks
    Serena2013
    By the time the TA6 is being filled-in the buyer has viewed and must be reasonably happy with the property.

    When it comes to the relevant part, I would write. "In the 5 years I of my occupation, I have had one disagreement over noise with neighbours in the flat below. I later regretted and apologised for my behaviour on that occasion."

    Factual? Yes. Might give the wrong impression, but ideas in others heads aren't your problem. You wouldn't have lied.

    But as I said before, one pays a solicitor to advise on matters like this. Clear whatever you write with them and don't rely on amateurs on a forum!
    Originally posted by Davesnave


    Yes I'll be checking with my solicitor for sure once (hopefully soon) I get to that stage.


    I like your answer on what to write. Thanks it's given me another way regarding thinking what to write.
    • Serena2013
    • By Serena2013 4th Mar 18, 7:23 PM
    • 15 Posts
    • 1 Thanks
    Serena2013
    Just one thought about this mysterious vibration... Have they bought a new fridge or moved the existing one. Our latest fridge seems to vibrate more than our old one although it doesn't sound excessively noisy when you are in the same room.

    There's some really good carpet underlay made from recycled car tyres which would be good to reduce vibrations. Ask a local carpet shop whether they might have any samples or offcuts.
    Originally posted by jamesperrett


    The thing is the vibration is felt in my bedroom, spare room and living room which are all near eachother so not sure whether a fridge's vibration would affect all these areas....


    There is no noise just the vibration. I can't see into the downstairs flat as they always keep their blinds down or 3 quarters down. Would be good to get a glimpse of their living room to see what's causing the vibration though (if there's anything there).


    I heard about truck tyres being good to limit vibration but not heard about car tyres. Thanks will check that out.
    • Bongolia
    • By Bongolia 5th Mar 18, 9:02 AM
    • 7 Posts
    • 1 Thanks
    Bongolia
    insulate their floor
    You could offer to install sound insulation/carpet/laminate in their flat. Laminate flooring is relatively cheap and is very quiet with a decent soundproof membrane.
    • Bongolia
    • By Bongolia 5th Mar 18, 9:05 AM
    • 7 Posts
    • 1 Thanks
    Bongolia
    addendum
    Oh, it looks like they're downstairs. I'm surprised that the noise id so bad in that case. Anyhow, soundproofed flooring in your place would still have some effect and would add value to your property.
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