declaring noisy neighbours when selling.

[jeff08]

On a H.I.P or whatever is needed, do I have to declare a neighbour that was once noisy to potential buyers?

I know I would have to declare it if they were noisy, but they have settled down and haven't been noisy in about 6 months.

[Cheatseeker!]

Hi Jeff,

to my knowledge any complaint made to the local authority that led to an investigation or notice being served, must be mentioned to potential buyers.

Failure to do so may result in legal action being taken against you if the noise nuisance starts up again and this has not been declared.

Sorry! :o)

[happyjo]

Hi

The SPIF, the form that you have to fill in, clearly states that any discussions with a neighbour, which may affect your property will have to be declared. Furthermore, if you have made any complaints to the neighbours, or any relevant authorities these too must be disclosed.

These issues are becoming very topical at the moment and there have been a few court cases surrounding the non-disclosure of information. The SPIF does not contain examples of such behaviour or any cut off point when you dont need to declare because the problem has been rectified.

However, the ball-park figure that tends to be used is 2 years, so, if you have had no problems in 2 years then it will be seen to be rectified.

The best thing you can do is see a conveyancer or a property solicitor, who will advise you if you do have anything to declare, and if you do, how to word it.

Jo

[jeff08]

thank you all for your replies, looks like I'll have to lower the price slightly to make it more appealing.

[Stu Dent]

I vaguely remember this issue being discussed in a lecture I attended. From a Scottish perspective my view is that there is no obligation to disclose, but an action for damages could arise on grounds of misrepresentation were the seller to lie if asked.

There are practical difficulties to consider.

I have lived beside the neighbour from hell (trust me on this) for the past six years. My other six tenement neighbours are excellent, but this one individual (and all her hangers-on) have made our lives hell, and have caused a once well kept close to decline to being an eyesore.

The good news is: another landlord (who I know, and know he is a good one), has now purchased the property and the problem tenant has now left.

The rest of us (and the new landlord) are now making arrangements to have our close redecorated and to arrange common repairs. The mood of all other owners has been lifted - happy days are here again!

Now why should we in future be required to disclose problems with a neighbour who is no longer there? It makes no sense.

Happyjo, I know of no Scottish caselaw to support voluntary disclosure, but in the absence of that, Scottish courts tend to look to England (although not binded). so I would be interested to be pointed towards a higher decision England/Wales.

[happyjo]

Stu dent

McMeekin v Long ( unreported on lexis and westlaw)

Classic case of non-disclosure, which led to a successful fraudulent misrepresentation case. 2003 was the year, google it as I think the Guardian covered it some years ago.

I also successfully sued the previous owners for misrep. The case was settled pre-trial at medition level.