Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
1. I am afraid you certainly will have to disclose this matter to your Buyer. Once a Sale has been agreed, your Solicitor will send you a Property information Form, which forms part of the Contract documentation that is forwarded to the Buyers Solicitors. One of the questions on the form asks "Have there been any disputes or complaints regarding this property or a property nearby? If Yes, please provide details".
If you weren't to disclose this issue, then the buyer would be entitled to sue you for Misrepresentation.
2.You will need to disclose all correspondence you have had with the Council.
3. As mentioned above, the information will be submitted with the Contract at the onset of the transaction.
4. I can't really answer this, as a property is only worth what someone is prepared to pay fo rit. In my experience, no Solicitor will advise a Buyer client to proceed with a purchase if ther eis any kind of ongoing dispute. It is therefore very much a case of assessing the position as and when you have placed the property on the market.
5. The Council do not hold any powers to demand that the internal layout is changed/soundproofing is installed, I'm afraid.
I hope this assists and sets out the legal position.
For Aston Lawyer:
Thanks so much for your prompt answer - it was very helpful and I really appreciate it. If you don't mind, I have a few further questions to ask with regards to our situation.
1. Whilst we are the long leaseholders of our flat, the flat above us doesn't have a lease and it's rented out on short term contracts to tenants. Consequently, the freeholder is the person responsible for the letting of the flat above. Our leasehold states that we are entitled to "peaceful enjoyment" of our property without interference from the freeholder. Given that the freeholder redesigned the flat above, placing the lounge directly above our main bedroom, can it be argued that the freeholder is interfering with our peaceful enjoyment of our home? If so, what rights do we have aginst the freeholder?
2. If we do have rights against the freeholder for his interference in our peaceful enjoyment, what would be the best way to raise the issue with the freeholder? Formal letter written by us, formal letter written by a solicitor on our behalf? etc?
3. If we do have rights and we raise the matter of interference with the freeholder, what is our next best course of action if the freeholder ignores our correspondence?
Thanks again so much for your help.