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  • FIRST POST
    • mktuk88
    • By mktuk88 4th Mar 18, 4:18 PM
    • 19Posts
    • 1Thanks
    mktuk88
    Selling property with official noise complaints
    • #1
    • 4th Mar 18, 4:18 PM
    Selling property with official noise complaints 4th Mar 18 at 4:18 PM
    Hi All,

    I'm currently in the process of selling my property, a ground floor flat. Having not lived in a flat for some years, when I moved in it took me some time to get used to the noise from above. Unfortunately, I did make some complaints to the council about impact noise and a load TV after midnight. I only made a few complaints to housing (they are council tenants above), and it was never put through enviromental health. This was all about a year or so ago.

    I'm aware I will need to delcare this on the property information form when I come to sell, so there's no hiding from it. My question is what impact is this likely to have? Can I expect buyers to simply pull out as soon as this information comes to light? Or am I likely to get people reducing their offers later in to the process as a result?

    The noise isn't anything too extreme, it personally annoys me, but the two other people I live with barely notice it. I understand I'm probably just a bit oversensitive to that sort of thing which is why we are now looking at a detached property. Which is why I'm a bit worried as I don't want to start getting too far in to the process of buying somewhere else if selling my flat is likely to become a long drawn out affair.

    Has anyone been in a similar situation? Where you still able to sell? If so, what happened when the buyer found out?
Page 1
    • mktuk88
    • By mktuk88 6th Mar 18, 3:20 PM
    • 19 Posts
    • 1 Thanks
    mktuk88
    • #2
    • 6th Mar 18, 3:20 PM
    • #2
    • 6th Mar 18, 3:20 PM
    Has anyone else ever been in this situation before?
    • Morata_
    • By Morata_ 6th Mar 18, 3:48 PM
    • 52 Posts
    • 27 Thanks
    Morata_
    • #3
    • 6th Mar 18, 3:48 PM
    • #3
    • 6th Mar 18, 3:48 PM
    As a buyer, any property with a complaint or a nuisance recorded against neighbours would put me right off.


    Do you HAVE to disclose, a lot of flats would suffer noise from TV etc?? (guessing...)
    • mktuk88
    • By mktuk88 6th Mar 18, 4:07 PM
    • 19 Posts
    • 1 Thanks
    mktuk88
    • #4
    • 6th Mar 18, 4:07 PM
    • #4
    • 6th Mar 18, 4:07 PM
    Well I think because I've contacted the council in the past I have to declare. I will discuss with a solicitor, but I think generally it's advised to declare anything as it's not worth the risk of being sued later.

    I appreciate it will put some people off, and that's fair enough. I'm not hiding anything, people are free to view the flat at any time of day and hear any noise for themselves, I'm just worried I won't be able to sell now
    • bertiewhite
    • By bertiewhite 6th Mar 18, 4:14 PM
    • 1,064 Posts
    • 1,180 Thanks
    bertiewhite
    • #5
    • 6th Mar 18, 4:14 PM
    • #5
    • 6th Mar 18, 4:14 PM
    Well I think because I've contacted the council in the past I have to declare.(
    Originally posted by mktuk88
    Don't the seller's forms ask if there has been a dispute within the last 6 months?
    • mktuk88
    • By mktuk88 6th Mar 18, 4:27 PM
    • 19 Posts
    • 1 Thanks
    mktuk88
    • #6
    • 6th Mar 18, 4:27 PM
    • #6
    • 6th Mar 18, 4:27 PM
    The questions on the TA6 form are

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

    Is the seller aware of anything which might lead to a dispute aboute the property or a property nearby? If Yes, please give details:
    • lookstraightahead
    • By lookstraightahead 6th Mar 18, 4:33 PM
    • 161 Posts
    • 169 Thanks
    lookstraightahead
    • #7
    • 6th Mar 18, 4:33 PM
    • #7
    • 6th Mar 18, 4:33 PM
    To be honest when I!!!8217;ve lived in / bought flats I!!!8217;ve always asked what the neighbours are like and what the sound proofing is like anyway and I!!!8217;m sure most will. Just be honest - people move on too. My house is currently vibrating from lorries outside speeding down the village road. A bit of flat noise will be nothing to some.
    • cloo
    • By cloo 6th Mar 18, 4:48 PM
    • 1,037 Posts
    • 1,004 Thanks
    cloo
    • #8
    • 6th Mar 18, 4:48 PM
    • #8
    • 6th Mar 18, 4:48 PM
    We had noisy-ish neighbours move in during the last six months before we sold, which was annoying as numerous people had rented it *without* being noisy for the last 7 years! We declared it but said that it had got better, as it had, and that those tenants were likely to move on before long because that flat had quite a lot of people coming through it. It wasn't a problem, but it helped they were renters so we could say it wouldn't be anything long term.
    • mktuk88
    • By mktuk88 8th Apr 18, 10:40 AM
    • 19 Posts
    • 1 Thanks
    mktuk88
    • #9
    • 8th Apr 18, 10:40 AM
    • #9
    • 8th Apr 18, 10:40 AM
    Hi All, so I have accepted an offer. I had to reduce my price by 15K to get an offer, but atleast I've "sold" now.


    I'm now filling in the forms and starting to stress about delcaring the previous complaints. The way I see it, the compaints were made over a year ago, and as far as I'm concerned the issue I was compaining about (late night noise) has been resolved (a letter was issued to the tennant). That's how I'm going to declare an hope for the best.


    I'm interested to know what people's reactions would be here? Would any of you simply pull out from the sale? Considering the property has sold under market value, I wonder if this would motivate someone to stick with it?


    In the worst case scenario, what other options do I have? Could I auction the property and expect to achieve something reasonable? I would considering keeping it and renting it out, but I can't afford the 20K stamp duty I'd have to pay on my onward purchase as a result
    • deannatrois
    • By deannatrois 8th Apr 18, 10:50 AM
    • 5,381 Posts
    • 7,554 Thanks
    deannatrois
    Just declare noise had been a problem but has since been resolved. Don't stress about it, it won't change a thing.
    • Cakeguts
    • By Cakeguts 8th Apr 18, 11:04 AM
    • 4,366 Posts
    • 6,248 Thanks
    Cakeguts
    Hi All, so I have accepted an offer. I had to reduce my price by 15K to get an offer, but atleast I've "sold" now.


    I'm now filling in the forms and starting to stress about delcaring the previous complaints. The way I see it, the compaints were made over a year ago, and as far as I'm concerned the issue I was compaining about (late night noise) has been resolved (a letter was issued to the tennant). That's how I'm going to declare an hope for the best.


    I'm interested to know what people's reactions would be here? Would any of you simply pull out from the sale? Considering the property has sold under market value, I wonder if this would motivate someone to stick with it?


    In the worst case scenario, what other options do I have? Could I auction the property and expect to achieve something reasonable? I would considering keeping it and renting it out, but I can't afford the 20K stamp duty I'd have to pay on my onward purchase as a result
    Originally posted by mktuk88
    Is this an ex council flat? If so that fact would make it more difficult to sell and would also make it worth less. If you buy an ex council flat because it is cheaper than non ex council flats you have to sell it cheaper as well.
    • mktuk88
    • By mktuk88 8th Apr 18, 11:05 AM
    • 19 Posts
    • 1 Thanks
    mktuk88
    It is ex council, it's already priced at the "bottom" of the market for this particular type of property. Are you saying that ex-council + noise history makes it worthless?
    • HampshireH
    • By HampshireH 8th Apr 18, 12:11 PM
    • 653 Posts
    • 666 Thanks
    HampshireH
    It's not worthless. It's worth what someone is prepared to pay for it.

    Just say that over a year ago you had an issue but it was swiftly resolved . If you have had no problems since then say that.
    • Cakeguts
    • By Cakeguts 8th Apr 18, 1:04 PM
    • 4,366 Posts
    • 6,248 Thanks
    Cakeguts
    It is ex council, it's already priced at the "bottom" of the market for this particular type of property. Are you saying that ex-council + noise history makes it worthless?
    Originally posted by mktuk88
    It isn't worthless but it isn't going to be worth as much to anyone else as a similar property that has never been ex council. Someone will buy it just as you did but they aren't going to buy it if they can get one that isn't ex council for the same price.

    When you bought it how did it compare to the prices of non ex council flats? The relationship in prices won't have changed. So for example if when you bought it the price you paid was 20% cheaper than for a similar flat that wasn't ex council then you have to sell it for around 20% cheaper than a similar flat that has never been ex council. No one is going to buy it if it is more expensive than a privately built flat even without the noise issue. You have the noise issue because the sound insulation between the flats isn't as good as it could be. It is an ex council flat it may not have been the most expensive build.
    • macman
    • By macman 8th Apr 18, 3:39 PM
    • 41,894 Posts
    • 17,379 Thanks
    macman
    For all you know, the prospective buyers may be potential party animals themselves. All you have to do is answer truthfully any questions asked of you, you don't have to disclose anything else at all.
    No free lunch, and no free laptop
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