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In essence, yes, you are likely to have to disclose both things. When you sell a house, you will be given a blank form is complete, called the "Sellers property information form".
This has a number of questions on the you will be required to answer. In particular, question two asks you about circumstances or facts which might lead to a dispute about a neighbouring property.
The circumstances of your present case are likely to fall within a proper answer to that question.
However, you could always declined to answer the question. If you do that, however, a potential purchaser will probably ask why you have refuse to answer the question. Sometimes, people do not ask, and sometimes overworked solicitors do not check.
But technically, if you were to answer no, there were no such circumstances known, you would expose yourself to a claim after the event for answering inaccurately.
That is not to say a prospective purchaser would ultimately sue you for that, they may not. They may have no problem with the noise, or at least not be prepared to issue court proceedings against you as a consequence.
I could perhaps make light of the situation though and say that there was a "minor" rubbish issue but this has been resolved. Or I could say there have been a couple of occasions we have asked them to be quieter, and they have been accomadating and do everything they can to consider us and the children?
The safest and most sensible route is to be honest.
To say that the issue is resolved is absolutely fine, if actually, the matter has been sorted.
You can also say that you have asked them to be quieter, as you have children in the home, but perhaps were ill or in bed early.
The point is, the more open and honest you are, the less prospect you stand of being sued later on.
But the fact I have said "something" will mean that I have highlighted it. Do you think the fact they are rental rather than owners will make it look better - as they will move on eventually. And do you also think that giving this information would scare someone off?
I think saying that I have asked them to be quieter for the children is a good call... this is true.
There is always the risk of people being scared off through noisy neighbours, but different people take different views about different things. There is no one standard stock answer. I do think your point about the present incumbents being tenants is a very good one, because they may be there for a very short time. Additionally, if you got on well with the landlord, and has some written assurance from him that the tenants would be evicted at the end of their initial period, then that would certainly be of assistance I would imagine also.
Yes, and once the tenants are "on notice" that there is an issue, the obligation really is upon them to enquire further.
Sorry I don't understand your last sentence
Basically, what I'm saying is that if the prospective purchaser knows that there has been some issue in the past, they should enquire further of you to ask more about the issues if they particularly concerned them.
Ok thank you. The fact there is not a formal environmental complaint re the noise might also work in my favour?
Yes, I agree, because environmental cases tend to be more serious, potentially leading to formal action by the council against the tenants. But as you say, it has to be reasonably bad before they will become involved.
Should I just not say anything and go through the motions until the paperwork? this will be a fair way down the line I presume?
There is no right or wrong answer to that. Once people are already in the process of having to spend money, do searches, and so on, they become more inclined to continue. But that really is a personality thing, some people may say that you should have informed them at the outset. It all depends on the people that you are dealing with. You might subsequently say, well, you declared the issue only to be complete, but you did not personally consider that there was much of an issue. That might justify delaying disclosure until the paperwork.
Ok thank you.
No problem. Is there anything else you would like to ask me about this?
No unless you have anything to add?
No, not sure I have anything further to add I'm afraid.
Can I just ask whether you are happy with the service provided this evening please?
Yes very helpful thank you