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    • ruthieb77
    • By ruthieb77 14th May 18, 9:50 PM
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    ruthieb77
    Declaring nuisance neighbours if we sell
    • #1
    • 14th May 18, 9:50 PM
    Declaring nuisance neighbours if we sell 14th May 18 at 9:50 PM
    We have nuisance neighbours. They have 2 yappy dogs that frequently wake us up - both early in the morning and late at night. Their son is the drummer in a band and they often have band practice in the house. They also like to play loud music with all of the doors and windows open. We have spoken to them several times about the noise and asked them to be more considerate but they've ignored us.

    I've decided I can't stand it any more so want to move. This could obviously take some time though so I'm considering reporting them to the council in the meantime. If I do complain, would we need to declare it when we sell? I've heard mixed reviews about the current rules.

    Thanks.
Page 1
    • newbie1980
    • By newbie1980 14th May 18, 9:55 PM
    • 1,943 Posts
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    newbie1980
    • #2
    • 14th May 18, 9:55 PM
    • #2
    • 14th May 18, 9:55 PM
    We have nuisance neighbours. They have 2 yappy dogs that frequently wake us up - both early in the morning and late at night. Their son is the drummer in a band and they often have band practice in the house. They also like to play loud music with all of the doors and windows open. We have spoken to them several times about the noise and asked them to be more considerate but they've ignored us.

    I've decided I can't stand it any more so want to move. This could obviously take some time though so I'm considering reporting them to the council in the meantime. If I do complain, would we need to declare it when we sell? I've heard mixed reviews about the current rules.

    Thanks.
    Originally posted by ruthieb77
    i would say if your on about selling any complaint to the council will have to be declared
    it may be worth just keeping stum until your sold
    • Red-Squirrel
    • By Red-Squirrel 14th May 18, 10:29 PM
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    Red-Squirrel
    • #3
    • 14th May 18, 10:29 PM
    • #3
    • 14th May 18, 10:29 PM
    You already have to declare it, so it doesn't make any difference if you take further action or not at this point.
    • ruthieb77
    • By ruthieb77 14th May 18, 10:32 PM
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    ruthieb77
    • #4
    • 14th May 18, 10:32 PM
    • #4
    • 14th May 18, 10:32 PM
    You already have to declare it, so it doesn't make any difference if you take further action or not at this point.
    Originally posted by Red-Squirrel
    What do you mean - already have to declare it?
    • Zanderman
    • By Zanderman 14th May 18, 10:40 PM
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    Zanderman
    • #5
    • 14th May 18, 10:40 PM
    • #5
    • 14th May 18, 10:40 PM
    What do you mean - already have to declare it?
    Originally posted by ruthieb77
    I think, when your buyer's solicitor sends you a load of legal questions relating to the house, one of them specifically asks about whether you've ever had problems with neighbours. You are required to answer it (and to answer it truthfully).
    • Red-Squirrel
    • By Red-Squirrel 14th May 18, 10:53 PM
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    Red-Squirrel
    • #6
    • 14th May 18, 10:53 PM
    • #6
    • 14th May 18, 10:53 PM
    What do you mean - already have to declare it?
    Originally posted by ruthieb77
    The form will ask you whether there are any disputes with neighbours or whether you are aware of anything that might lead to a dispute.

    I'm sure you aren't going to lie! Its a legal document.
    • shortcrust
    • By shortcrust 14th May 18, 10:58 PM
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    shortcrust
    • #7
    • 14th May 18, 10:58 PM
    • #7
    • 14th May 18, 10:58 PM
    The form will ask you whether there are any disputes with neighbours or whether you are aware of anything that might lead to a dispute.

    I'm sure you aren't going to lie! Its a legal document.
    Originally posted by Red-Squirrel
    My seller put ‘perfect neighbours!’ for that bit. I later found out he’d regularly had the police out for ASB! Fortunately I’m a bit more proactive with such things than he was and peace soon returned to the forest.
    • ruthieb77
    • By ruthieb77 14th May 18, 10:59 PM
    • 40 Posts
    • 14 Thanks
    ruthieb77
    • #8
    • 14th May 18, 10:59 PM
    • #8
    • 14th May 18, 10:59 PM
    Thanks for the replies. We'll speak to the solicitor if and when we do sell.
    • Red-Squirrel
    • By Red-Squirrel 14th May 18, 11:03 PM
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    Red-Squirrel
    • #9
    • 14th May 18, 11:03 PM
    • #9
    • 14th May 18, 11:03 PM
    My seller put ‘perfect neighbours!’ for that bit. I later found out he’d regularly had the police out for ASB! Fortunately I’m a bit more proactive with such things than he was and peace soon returned to the forest.
    Originally posted by shortcrust
    I think you'd have had grounds to take them to court:

    https://www.theguardian.com/money/2003/mar/04/property.homebuying
    • shortcrust
    • By shortcrust 14th May 18, 11:18 PM
    • 2,102 Posts
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    shortcrust
    I think you'd have had grounds to take them to court:

    https://www.theguardian.com/money/2003/mar/04/property.homebuying
    Originally posted by Red-Squirrel
    I might have done if I’d been unable to sort the problems. There weren’t any nasty surprises for me - I knew my seller was fibbing on the form because friends of mine lived over the road.
    • HouseBuyer77
    • By HouseBuyer77 14th May 18, 11:56 PM
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    HouseBuyer77
    A specimen of the standard property information form can be found here: https://www.lawsociety.org.uk/support-services/documents/TA6-form-specimen/

    Section 2. deals with disputes, question 2.2. is 'Is the seller aware of anything which might lead to a dispute about the property or a property nearby'. The truthful answer here is probably 'yes'.
    • Davesnave
    • By Davesnave 15th May 18, 6:09 AM
    • 26,127 Posts
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    Davesnave

    I've decided I can't stand it any more so want to move. This could obviously take some time though so I'm considering reporting them to the council in the meantime. If I do complain, would we need to declare it when we sell? I've heard mixed reviews about the current rules.

    Thanks.
    Originally posted by ruthieb77
    The rules are clear.

    What isn't clear is your intention here. Do you want to move on, or not? You seem undecided.

    If you complain to the council, do you think the noises will all stop, particularly the dogs, which would need training to change their behaviour now?

    Even if the noises moderate after council intervention, do you imagine that this family will treat you as if nothing has happened? Might they find other ways to retaliate after interference in their lives, which is how they'll view it?

    You either have to meet this head-on or make it something that's no longer your problem, because the half-measure polite requests from you haven't worked.

    All I will add is that there's a world of difference between answering the relevant TA6 question with, "The neighbours on the left occasionally play loud music" and "We have complained to the council EHO about persistent noise from next door."

    If you decide to move, you may be lucky that your buyers visit at relatively quiet times. I wasn't, but my 90 year old noisy neighbour eventually had a hearing loop fitted for her telly. Still cost me a sale
    I might be old, but I got to see a lot of good bands...
    • Davesnave
    • By Davesnave 15th May 18, 6:12 AM
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    Davesnave
    You already have to declare it, so it doesn't make any difference if you take further action or not at this point.
    Originally posted by Red-Squirrel
    I'd disagree with this. See above.
    I might be old, but I got to see a lot of good bands...
    • moneyistooshorttomention
    • By moneyistooshorttomention 15th May 18, 7:40 AM
    • 16,580 Posts
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    moneyistooshorttomention
    I would agree that OP already has to declare it. That wording of the question on TA6 - of "or likely to cause a dispute".

    That sort of noise is obviously highly likely to cause a dispute - most people would object to that.

    As for using a subjective word like "occasionally" - as in they "occasionally" play loud music would probably not work for getting them off the hook. A half-lie is still a lie.
    ****************
    • bertiewhite
    • By bertiewhite 15th May 18, 8:38 AM
    • 1,225 Posts
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    bertiewhite
    I've heard mixed reviews about the current rules.
    Originally posted by ruthieb77
    Where - on "Rulesadvisor"?
    • Davesnave
    • By Davesnave 15th May 18, 8:47 AM
    • 26,127 Posts
    • 94,823 Thanks
    Davesnave

    As for using a subjective word like "occasionally" - as in they "occasionally" play loud music would probably not work for getting them off the hook. A half-lie is still a lie.
    Originally posted by moneyistooshorttomention
    They don't do the annoying things described all the time, do they? So, you can call the word a half-lie if you like, but it's being correctly applied

    Would you prefer 'sporadically,' 'sometimes,' 'intermittently,' or 'irregularly?' I am feeling especially generous this morning and offering them all as alternatives, free of charge.
    I might be old, but I got to see a lot of good bands...
    • moneyistooshorttomention
    • By moneyistooshorttomention 15th May 18, 8:52 AM
    • 16,580 Posts
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    moneyistooshorttomention
    No.

    As an alternative - the sheer objective facts of "Twice a day on 5 days a week for the last 50 weeks (they were away on holiday for the other 2 weeks)".

    It meets the criteria of any of the subjective terms - and yet doesnt hide the truth.

    Some of us realise about this particular little trick after a while (maybe some while after we shoulda realised about that stunt) and cross-question from all angles and eventually realised that "Evading giving a direct answer to our questions is an answer of itself" - but have been caught out a few times before daylight dawns that some people do this.
    ****************
    • lookstraightahead
    • By lookstraightahead 15th May 18, 1:20 PM
    • 395 Posts
    • 375 Thanks
    lookstraightahead
    how can anyone know whether something is likely to cause a dispute? What a stupid way of wording a question. Far too subjective
    • Red-Squirrel
    • By Red-Squirrel 15th May 18, 1:26 PM
    • 3,266 Posts
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    Red-Squirrel
    how can anyone know whether something is likely to cause a dispute? What a stupid way of wording a question. Far too subjective
    Originally posted by lookstraightahead
    I presume its because people were deliberately avoiding doing anything that could be called a dispute, even though there were definitely problems that would impact on any new buyer, just so they could say 'no' to this question.
    • moneyistooshorttomention
    • By moneyistooshorttomention 15th May 18, 1:34 PM
    • 16,580 Posts
    • 45,763 Thanks
    moneyistooshorttomention
    how can anyone know whether something is likely to cause a dispute? What a stupid way of wording a question. Far too subjective
    Originally posted by lookstraightahead
    I think one has to take it there that there is pretty much a consensus of what is deemed "likely to cause a dispute".

    Most of us wouldnt want:
    - noisy neighbours
    - criminal neighbours
    - neighbours that were trying to steal or trespass in our garden
    - neighbours allowing their property deteriorate to an extent that might damage our property

    Most of us wouldnt give a darn about:
    - what colour the neighbour painted their front door (ie we'd just wince if we didn't like the colour personally - but acknowledge their right to paint it sky blue pink with polka dots on).
    ****************
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