HOW TO HANDLE THOSE NUISANCE NEIGHBOURS
You’ve just bought your lovely home. But it’s only when you’ve moved in you discover the folks next door are really “Neighbours from Hell”. They play loud music until 3am while their noisy shower pump starts at 6am. And if you park a millimetre over “their space”, – even though there are no yellow lines – they threaten to call the police.
If that’s you, there’s a good chance you could sue the former owners. And if you’re the seller, you might face legal action unless you’ve done everything by the book.
As the old song goes, ‘Everybody needs good neighbours,’ so your first call is on them. Sometimes, nuisance neighbours are unaware of their behaviour and will improve – but never threaten to retaliate.
Comparison site GoCompare reckons more than one in four have neighbour problems.
GoCompare’s Ben Wilson says: “Most people get along well with neighbours, but if you have issues, the first thing should be a friendly chat, as they may be unaware they are causing an upset.”
Get more formal if that fails. Citizens Advice has help on its website. You may have another route – using the courts.
Lawyers Howells’ Residential Conveyancing Solicitors say that sellers (or their lawyers) must fill in a Seller’s Property Information Form (SPIF). This is a legal obligation and what is on the SPIF has the same force as any other part of the contract.
Sellers have to give details of disputes such as boundary problems over fences, hedges and arguments over land, difficulties with shared walls or driveways, and any bad behaviour complaints such as noise that become formal, including bringing in mediation or seeking local council help.
This means, if you’ve decided to move to escape problem neighbours, you’ll have to own up to any issues you’ve had while selling your home. The lawyers add: “The guidelines are slightly grey as to what you need to declare to prospective buyers, but there have been cases where new owners have sued previous owners for not revealing particularly awful neighbours.”
Where new owners feel they have to move because of an undeclared problem, the previous owner could be liable for losses incurred, such as a price fall and all expenses associated with a further home purchase. But, even if they don’t have to move, new owners could still sue for failing to disclose.