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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice.
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Hi, we purchased a shared ownership house three years ago being

Customer Question

Hi, we purchased a shared ownership house three years ago being told the full block was all shared ownership, We have a neighbour who is a known nuisance and was moved in next door before all the new shared ownership tenants moved in. And is in a council owned property. in the middle of a shared ownership terrace, we where never told about the next door being council owned and definitely not told we where moving in next to a known trouble causing council tenant. We have had three years of trouble, which we have reported to the council but we would never have purchased the property had we known about this... we feel trapped and feel the property was missold to us..?? how do we proceed, ????
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What is it that you want to achieve ideally?
Customer: replied 2 years ago.

three years of trauma, and worry, compensation


 

Expert:  Remus2004 replied 2 years ago.
Did you buy the property after the nuisance moved in or before?

Did the seller have any dispute over this nuisance?

What form does the nuisance take?

Customer: replied 2 years ago.

The property was a new build there is a row of 4 houses and two flats which we where told where all shared ownership houses, the council tenant was moved in during the purchase process, and was the first one on the block when the rest of us moved in, we didn't know she was placed there by the council for being a troublesome neighbour in her old council house. where she smashed up her former neighbours cars and property. She has bi polar. Had we been told this was happening we would never of purchased the property


 

Expert:  Remus2004 replied 2 years ago.
Thanks. Sorry for the delay.

It is very unlikely that you can do anything about the fact that the seller decided to sell another property to someone else in order for it to be fully rented I'm afraid.

The fact that all the properties are not shared ownership does not put the seller in breach of any contract to you. You will struggle to prove that if the property next door was fully rented you would not have brought unless it was a specific condition of the contract. I really do not think that point is worth pursuing.

If you do decide to pursue it would be very expensive and very risky litigation which I do not think you have a good chance of winning sadly.

What is worth pursuing if this nuisance persists is referring the matter to the police and back to the local authority.

The reason this tenant was moved from the previous property is likely to be because lots of people made complaints and that is what you are going to have to start doing. Every householder should write to the housing department.

Ultimately, if the nuisance continues the tenant can be served with Anti-Social Behaviour Order and if it goes on even further, can be prosecuted.

If there is noise nuisance, contact the police and the Environmental Health Department at the local authority

Can I clarify anything for you?

Jo

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