Neighbour disputes can cause serious stress, anxiety and even fear. A range of issues could be described as neighbour disputes. Here are some examples:
- Boundary disputes
- Noise complaints
- Anti-social or threatening behaviour
- Shared property access
- Dumping rubbish
- Blocking shared driveways
Neighbour disputes are never nice and can take significant patience and a willingness to compromise if they are ever to be resolved. Sometimes they are impossible to resolve due to the stance of one or both of the parties which can lead to unpleasant living arrangements and difficulties when you come to sell.
There are various tactics you can employ if you are having a neighbour dispute. Mediation may well be a sensible way to seek resolution. That, however, tends to depend on both parties being reasonable. That is not always the case.
If the problem is a persistent noise nuisance or dumping rubbish, you might consider contacting the local environmental health department, or if there is anti-social or threatening behaviour, you might consider contacting the police. As a last option, you might need to resort to the courts. There is no single answer when dealing with a neighbour dispute.
What happens if I want to sell my house whilst a dispute is ongoing?
You may have had enough and decide to sell your house and leave the problem behind you. A nice, straightforward solution on the face of it but in reality, it may still cause complications.
When you sell your house or flat you must disclose material information. This gives the buyer essential information about the property. You do this through completing a TA6 Property Information Form. This form contains fourteen questions with question number two asking about disputes and complaints.
When you complete this question, you must disclose any ongoing dispute you are having with your neighbour. You must also explain what has happened and what has been or is being done to resolve the dispute. In addition, you will be asked to answer questions about past disputes, how they were resolved and whether they are likely to lead to disputes in the future.
This question is subjective and if you have taken any formal steps, such as complaining to the council or environmental health, or had your solicitor write to your neighbour, you must disclose this here.
The purpose of the disclosure of material information is to allow the buyer to make a judgement as to whether to proceed with the purchase. Failure to disclose the existence of a neighbour dispute, past or present, could allow the buyer to take legal action against you for misrepresentation.
It should also be noted that question one of the TA6 form asks about boundaries and, again, it is important to clearly state the position regarding boundaries, who is responsible for maintaining them and whether there have been any issues with neighbouring owners regarding the boundaries.
However, if you have had a dispute with a neighbour which you have managed to resolve amicably without further action, it is unlikely you will have to declare this.
What can you do if your neighbours are renting the property?
You should take the same approach in trying to resolve the dispute, irrespective of whether the neighbour is the owner or the tenant. You might also consider complaining to the neighbour’s landlord about their conduct. However, it can be challenging to hold landlords to account for the conduct of their tenants. The only time you might be successful in holding the landlord legally responsible is if they are deliberately encouraging their tenant’s behaviour.
Does a landlord need to declare a neighbour dispute when renting a property?
Landlords have many responsibilities for the properties they let. Such responsibilities include gas, electrical and fire safety, responsibility for repairs and ensuring the property does not present a health and safety hazard.
However, when letting property, landlords do not need to declare neighbour disputes. It can be argued that if the former tenant was in dispute with a neighbour, the simple fact that they have moved out will bring an end to the dispute.
Always try to resolve neighbour disputes
It can be massively frustrating living next to a disruptive neighbour. Taking action might simply exacerbate an already difficult situation. It is important to take steps to try to resolve the dispute with your neighbour. However, if you sell your house when the dispute is ongoing, you must disclose the dispute. Failing to do this could lead to action against you if the buyers of your house can show that you have misrepresented the position. This might lead to a significant financial penalty, compounding an already unhappy situation.
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This article was originally written by LawNet and has been republished here with permission.