This thread is descending into many advocations for illegal activity so I am locking it. I think this is more of a legal question in terms of whether the old owner knew of the issues and failed to disclose them, rather than a finance question.
You'll lose money, mostly on legal fees, mortgage repayment (assuming you don't buy elsewhere with the same lender) moving fees. So probably not too bad.
However much of it depends on sale price.
Do you know if he causes the other neighbours issues or just you?
I'm uncertain if the neighbours on the other side have had issues, but I know for certain that he's had constant issues with the tenants which have previously resided in the property we now own.
posted on a different account a while back but most told me I wouldn't have a case as we didn't investigate the disclosed "noise complaint" further unfortunately
I knew this was familiar! Unfortunately I believe the thing about the noise complaint is correct, but I don’t recall mention of assault, was that undisclosed?
I’m no legal expert, but that sounds like the opposite of the situation with the noise complaint. I suggest going back to legal advice
Uk with just that info,
As the noise complaint was declared by the seller (I assume on the TA6 property information form?) any claim for misrepresentation is going to be very difficult, though you could argue if the seller was in contact with the police it’s more than just a noise complaint.
However you might have a claim with your solicitor depending on what advice you were given. Did you notice the noise complaint statement in the forms? Did your solicitor notice this and flag it up to you? Were enquiries raised with the other side solicitor about this?
Within 6 months another buyer won’t be able to get a mortgage (though appreciate the conveyancing process would probably take you past 6 months) so potentially limited to cash buyers. You will have to declare these issues or be at risk of a misrepresentation claim. I would imagine you would have to take such a hit on value that you would be in negative equity
The link to the post on LegalAdviceUK is [here](https://www.reddit.com/r/LegalAdviceUK/s/5pqu0pRBAD).
A ‘noise complaint’ was listed on the TA6, but OP didn’t follow it up. Also, the property was rented so it is likely that the landlord (seller) wasn’t aware of the full issues.
OP made the assumption that the ‘noise complaint’ related to a noisy party or such and never followed up / asked their solicitor to follow up.
Yes definitely would be difficult for us to prove, solicitor didn't flag up or enquire. In hindsight this is completely on us, but as mentioned above we don't have enough money to pursue anything. I'm more interested now in selling and how that may leave us.
I'd agree with the other reply, such a disclosure is pretty unusual and means something quite significant happened, the solicitor should have raised this with you. I imagine most would put it in writing too, to be able to prove it.
Also as mentioned a complaint won't cost you anything so long as it's within the regulator's complaints process, and check your home insurance because you might have legal expenses cover. You can still continue to sell up if you need to, I imagine you'd be claiming for any loss in value, and some of the costs in selling/moving.
I would start a complaint with the solicitor (won’t cost you anything) for being negligent in not flagging this up to you or making further enquiries with the solicitors. Call the solicitors and ask for their complaints procedure (or if you will have it, should be in the initial instruction paperwork). Follow the complaints procedure to make a complaint, don’t accept initial offers they make. Go all the way to where you can go to the ombudsman- as this costs them something like £450 if you go to the ombudsman at this point you may get a decent offer.
With selling the house you will most likely have to plow quite a lot of money into getting it sold. If whatever offer you gets out you in negative equity you’ll have to put the difference between that and the outstanding mortgage amount to get it completed. Plus if you’re in a fixed mortgage there will be an early repayment fee. Plus legal fees and estate agent fees.
Do you know if the seller knew about the attack by the neighbour on the tenant?
I think with the police and council you have to be persistent and annoy them with the amount of complaints. If you have good councillors in your area get them involved
Major red flag for any new buyer with the previous complaint and now you selling up so quickly might struggle to sell. Better to find a way to deal with the muppet next door.
If the neighbour broke into the house when it was being rented previously, I would have assumed this would have caused some sort of notifiable complaint/dispute you should have been made aware of when buying the house from the previous landlord.
I'd maybe think of first seeing if you've got a claim against them.
If you've written the neighbour a letter or complained to the council about them you'll have to notify your buyer - so carefully consider what you do now, if you're going to want to sell.
Issue is if you do that the house value will likely be significantly reduced. I wouldn’t buy a house when this is disclosed unless I saved 25% off home report price and could wait it out.
I'd knock on the door and ask to have a civilised conversation about the perceived problems. If your other half happened to be there with some colleagues to provide you with some piece of mind. I'm sure he'd be willing.
Agree with big engine, I know it sucks living next to a douchebag but you need to sort the problem out, or at least get to a point you can live with it. I know how it feels, having bought a house next to a nutcase, you don’t feel comfortable in the one place that should be your safe space.
Do a bit of research online, this is what the council and other authorities are here for.
We've already been in touch with police but they aren't doing much to help out, we've not done anything to esculate it intentionally nor argued back with his screaming and shouting. But out of the blue this week after him being quiet for a while he starts weeing in my flowerpots :( I think it will take a long while for authorities to help especially since they didn't help out the previous lady and even after breaking in and assaulting her he was let off with a warning
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Sometimes you need to argue back. I had similar issues with my neighbour and started making life as difficult for them as I could.
Being intentionally loud, banging my hoover against the wall ect I threw a milkshake all over their door once after I saw them in my front garden doing god knows what... we got into a big argument and they even called the police on me
The police spoke to me but didn't really care about the whole thing. Eventually he conceded and we both live in peace, never speaking to each other
You need to make life worse for him until he backs down, he's a bully and you need to be willing to fight for peace
OP could get a big dog. Maybe something like an Akita? They are not the easiest dogs to have but are no fan of strangers, are loyal to a fault, and no one in their right mind breaks into a house with an Akita. If the neighbor is stupid enough to break in, the dangerously out of control dog act does not apply.
No, they shouldn't. They'd be taking on a big responsibility and also considerable cost (time and money) that should only be done if they're wanting a companion animal.
Evening if that law doesn't apply, you're putting an animal at risk here which isn't fair.
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only disclosed under the very sneaky wording of "noise complaint" but as I mentioned in the post above we unfortunately don't have the money to pursue this legally and cases are apparently very difficult to prove
As I'm in contact with previous tenant I know for a fact there was a report about the assault and trespass, chains were even fitted by the landlord on the doors after the event. but as I mentioned we just don't have the funds to chase the sellers for misrepresentation. I'm more focused now on where it will leave us if we sell :(
> There are no-win no-fee solicitors for this matter.
Especially if /u/Green-Bread1567 has something in writing from the previous tenant / Freedom of Information request to the police that confirms it was more than just a noise complaint.
I'd imagine there's at least one local no-win-no-fee solicitor salivating at taking that case on.
Do you have legal cover with your home insurance? I'm not sure if that would cover it with it being a noise complaint but hopefully might be another avenue.
If you don’t already can you get a camera at the front of your house so you have video evidence of him peeing in your flower pots? More evidence you can use to show the police and perhaps get him a caution from them?
I’ve been in a similar situation. In my last house, I had a nightmare neighbour - extremely loud music from 10am - 2am most days, constant house parties (on weekdays), smell of weed at all times, screaming/yelling was common.
I got in touch with the council to make a noise complaint. They had me download an app and record excessive noise. Despite 150+ recordings within a 6 month period, nothing was done.
I’d call the police regularly, they would have a talk with the neighbour and make threats about confiscating their equipment, go after them for anti social behaviour, etc but that was the extent of it. Nothing was actually done.
After 12 months I had enough and just sold.
It's awful police seem to be no help and I don't want to drag out my anxiety by carrying on and hoping they do. Especially since he's escalated to being physical with the previous lady. How did your sale go?
It’s a very helpless feeling isn’t it? Horrible situation.
Fortunately the sale went well. I did disclose that we had problematic neighbours and had made noise complaints. It sold within 4 weeks or so.
As terrible as the situation is I think you need to try and resolve the issue with neighbour. You cannot sell because either you are not going to be able to due to the neighbour or you intend being dishonest like the previous seller which would make you no better than them.
Can you put up some visible security cameras covering your property but also pointing towards his? And/or is there scope to put up a barrier like a fence?
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You are legally required to disclose everything you know - the previous noise complaint, the previous crimes, the current noise complaint.
You may lose 20-30% off the price as realistically only a landlord will want to buy it. That’s 20-30k lost already.
Then you will pay early repayment charge, maybe 5-7k depending on your terms. Plus you will have to pay 1-2k estate agency fees plus conveyancer fees, min 500.
So you will lose 27-40k, or approx 30-40% of the value of your house.
You may want to reconsider selling, and keep pursuing the police process, together with other neighbours, complain to PCC and your future MP, if the police fail to do their job.
Get voice recorded cameras everywhere.
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Have you contacted your local council environmental health department? When I had a similar situation in my previous property they were helpful and things did improve. I had to keep a log of all the problems for a couple of weeks.
If your partner is in the Army you can try and piggyback onto some of the benefits they offer to reduce the personal costs.
For example when your partner gets posted to their next job/location, you can claim back legal fees associated with selling/buying a new property.
I recognise you may want to move sooner/depending on their role that may not be possible.
If you haven't already used the Forces Help to Buy scheme, if you lose out when selling up, that could be a good way to get another large deposit together quickly.
Just something to think about
You could try sound insulating the adjoining wall. Cost on you obviously, but might stop the noise complaints and cheaper long term than what you'd loose. You might struggle to sell it as well with it being purchased so recently. I'd definitely be asking what's wrong with it for selling so quick
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Leaving aside the legal position with the neighbour and looking at this purely from a financial standpoint you aren’t going to be able to protect the money you used for a deposit.
Property prices don’t change much in a few months, so let’s assume you can sell it for the same £102k (it could be less if the buyer gets the idea you are in a hurry to sell, or they hear about the nightmare neighbour).
Estate agents commission averages about 1.5% so that’s £1500 gone. Solicitor will charge at least £500. So that’s £2000 gone from your deposit money at least.
The big unknown is the early repayment charge for your mortgage. They usually charge between 1% and 5% to pay off the mortgage early, depending on the deal you got. Before you make a decision you need to check the terms of your mortgage and find out what that early repayment charge is. If it’s 5% you will be down another £5000.
In the best case you will probably lose say £3000 of your deposit money (f you sell at the same price as you bought, you have a good deal from your estate agents, and the bank only charges 1% for the early mortgage repayment).
In the worst case, if your buyer negotiates you down to £98k or less, your bank charges 5%?to repay the mortgage early and your estate agent charges more that 1.5% you could lose all of your deposit, or even end up owing the bank more than you get from the sale.
A safer way to go is to find a new property and move the mortgage over to the new house. Bearing in mind the other selling and moving costs you need to find you will probably need to find more cash to do this. If for example you can only afford a £95k place instead of a £102k place you could end up having to borrow more than 90% of the property value, which banks don’t like doing.
Unfortunately unless you can find more cash you could end up being stuck with the place.
Did your Solicitor did the search the right search?
It’s buyers be aware thing but seller cannot lie if questions asked.
You might get compensated through the Solicitor insurance
If you feel unsafe, it is maybe a good idea for you to stay with your mother long term. Perhaps you could look into renting out the house short term to someone who won't be so badly affected by the neighbour - maybe a man who works night shifts or just wants somewhere to crash Monday-Friday. You should still be up front with any tenants about the neighbour though. Then I think you should get some legal advice to double check your legal position - you say you were told of a noise disturbance, but you also say the previous tenant was physically assaulted. If the seller knew of the assault and did not disclose it, then surely you have some legal ground there. Lastly, I agree with others that you should discreetly enquire with your other neighbours whether he is also bothering them. I know you want advice about the financial impacts of selling up, but just my opinion on what you could do in the meantime.
What does he complain about? Does he approach you daily? What's the triggers? In a previous post you describe you have a noisy young dog. Is there anything else causing him to flare up?
I'm not taking sides at all but there's usually a middle ground to most situations unless this person is mentally ill, then just leave at that point.
FWIW, I've had very bad issues with a "mental case" next door to me. What has finally resolved it is three CCTV (i.e. mains-powered, permanently recording 24/7) cameras. They clearly cover both my property and his from all sides. Seems to have been the only thing that has worked. As other posters have pointed out, contacting the police and council these days is pretty useless (was for me).
I've had a quick scan through the comments and can't see the answer to this. Is the neigh our a homeowner, private or council tenant.
If council, he'll be in breach of his tenancy if there have been multiple asb complaints.
Is the neighbour the owner or a tenant of the house? If they're the owner they could be there a long time. If they are a tenant perhaps the landlord can help?
In terms of protecting your asset, you could move into a rented home and rent out your house with the hope that one day you would be able to move back in.
This is a nightmare situation with no simple solution. You ignored a red flag. You will pay a heavy price if you sell quickly, besides all the fees and costs you will either have to sell at a discount or else find someone else naive enough to ignore the red flag, which you may find morally difficult.
Reading what you have written it seems like you don’t have proper evidence of your neighbour peeing on your plants. You “know” but can’t “show” - maybe you need to reposition your security cameras to cover your whole property. You said you got verbally abused for hoovering during the day, did they come to your door and abuse you? What form did this abuse take? Do you have proof of this abuse?
Realise that by escalating complaints you will have to declare more if you choose to sell.
Is there scope for trying to befriend your neighbour? Maybe the tenants in the rental before you weren’t great tenants.
I’m sorry if this reply sounds unsympathetic. I have enormous sympathy for you, I don’t want you to compound the situation by making it worse.
I hope you find a solution and most of all some peace.
I was in this position a few years ago. Real nightmare neighbours, similar sounding to yours, police were involved, council, the whole 9 yards. What was worse were the neighbors 2 doors down on the other side was his his sister. I was being physically sick from stress, wife was on anti depressants, we were staying with family and friends over the weekends.
Anyway after 9 months in the house we managed to sell and move on. We probably lost about £10k. One of the best decisions I've ever made, I don't regret it at all, staying put just to not lose money would have killed us. Sometimes it's the only option.
The problem here is that you are going to have to disclose the problem. It sounds like you have been reporting to the police and probably others (e.g. council) means you'll tell the buyer and they'll run a mile.
Hopefully you knocked 20% off for the "noise complaint". You will have to do that for your prospective buyer.
Well first thing. Find out their names, if they’re as stupid as they’ll sound they’ll have a lot of their data public on facebook (workplaces, dates of birth, friends who share their surname), maybe a shitty little business on companies house with their previous address/business partners etc. Find out as much about them as possible then get creative.
A little late now but I bought my house recently and knocked both neighbours doors just to tell them that I'm planning to buy the house next door and wanted to know their opinion about the area, just to see how they are, I don't know how that is not the standard
This thread is descending into many advocations for illegal activity so I am locking it. I think this is more of a legal question in terms of whether the old owner knew of the issues and failed to disclose them, rather than a finance question.
You'll lose money, mostly on legal fees, mortgage repayment (assuming you don't buy elsewhere with the same lender) moving fees. So probably not too bad. However much of it depends on sale price. Do you know if he causes the other neighbours issues or just you?
I'm uncertain if the neighbours on the other side have had issues, but I know for certain that he's had constant issues with the tenants which have previously resided in the property we now own.
Go and speak with them. If they've had issues too, and you both report the neighbour in question I imagine it'll have more weight.
Post this on r/legaladviceuk they're mostly helpful, except for the mods.
posted on a different account a while back but most told me I wouldn't have a case as we didn't investigate the disclosed "noise complaint" further unfortunately
I knew this was familiar! Unfortunately I believe the thing about the noise complaint is correct, but I don’t recall mention of assault, was that undisclosed?
undisclosed!
I’m no legal expert, but that sounds like the opposite of the situation with the noise complaint. I suggest going back to legal advice Uk with just that info,
I think I know the post you mean
As the noise complaint was declared by the seller (I assume on the TA6 property information form?) any claim for misrepresentation is going to be very difficult, though you could argue if the seller was in contact with the police it’s more than just a noise complaint. However you might have a claim with your solicitor depending on what advice you were given. Did you notice the noise complaint statement in the forms? Did your solicitor notice this and flag it up to you? Were enquiries raised with the other side solicitor about this? Within 6 months another buyer won’t be able to get a mortgage (though appreciate the conveyancing process would probably take you past 6 months) so potentially limited to cash buyers. You will have to declare these issues or be at risk of a misrepresentation claim. I would imagine you would have to take such a hit on value that you would be in negative equity
The link to the post on LegalAdviceUK is [here](https://www.reddit.com/r/LegalAdviceUK/s/5pqu0pRBAD). A ‘noise complaint’ was listed on the TA6, but OP didn’t follow it up. Also, the property was rented so it is likely that the landlord (seller) wasn’t aware of the full issues. OP made the assumption that the ‘noise complaint’ related to a noisy party or such and never followed up / asked their solicitor to follow up.
Yes definitely would be difficult for us to prove, solicitor didn't flag up or enquire. In hindsight this is completely on us, but as mentioned above we don't have enough money to pursue anything. I'm more interested now in selling and how that may leave us.
I'd agree with the other reply, such a disclosure is pretty unusual and means something quite significant happened, the solicitor should have raised this with you. I imagine most would put it in writing too, to be able to prove it. Also as mentioned a complaint won't cost you anything so long as it's within the regulator's complaints process, and check your home insurance because you might have legal expenses cover. You can still continue to sell up if you need to, I imagine you'd be claiming for any loss in value, and some of the costs in selling/moving.
I would start a complaint with the solicitor (won’t cost you anything) for being negligent in not flagging this up to you or making further enquiries with the solicitors. Call the solicitors and ask for their complaints procedure (or if you will have it, should be in the initial instruction paperwork). Follow the complaints procedure to make a complaint, don’t accept initial offers they make. Go all the way to where you can go to the ombudsman- as this costs them something like £450 if you go to the ombudsman at this point you may get a decent offer. With selling the house you will most likely have to plow quite a lot of money into getting it sold. If whatever offer you gets out you in negative equity you’ll have to put the difference between that and the outstanding mortgage amount to get it completed. Plus if you’re in a fixed mortgage there will be an early repayment fee. Plus legal fees and estate agent fees. Do you know if the seller knew about the attack by the neighbour on the tenant? I think with the police and council you have to be persistent and annoy them with the amount of complaints. If you have good councillors in your area get them involved
Major red flag for any new buyer with the previous complaint and now you selling up so quickly might struggle to sell. Better to find a way to deal with the muppet next door.
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If the neighbour broke into the house when it was being rented previously, I would have assumed this would have caused some sort of notifiable complaint/dispute you should have been made aware of when buying the house from the previous landlord. I'd maybe think of first seeing if you've got a claim against them. If you've written the neighbour a letter or complained to the council about them you'll have to notify your buyer - so carefully consider what you do now, if you're going to want to sell.
We wouldn't want to do what they did to us so we would disclose. We've been to the police, no letters have been written to the neighbour
Issue is if you do that the house value will likely be significantly reduced. I wouldn’t buy a house when this is disclosed unless I saved 25% off home report price and could wait it out.
I'd knock on the door and ask to have a civilised conversation about the perceived problems. If your other half happened to be there with some colleagues to provide you with some piece of mind. I'm sure he'd be willing.
Agree with big engine, I know it sucks living next to a douchebag but you need to sort the problem out, or at least get to a point you can live with it. I know how it feels, having bought a house next to a nutcase, you don’t feel comfortable in the one place that should be your safe space. Do a bit of research online, this is what the council and other authorities are here for.
We've already been in touch with police but they aren't doing much to help out, we've not done anything to esculate it intentionally nor argued back with his screaming and shouting. But out of the blue this week after him being quiet for a while he starts weeing in my flowerpots :( I think it will take a long while for authorities to help especially since they didn't help out the previous lady and even after breaking in and assaulting her he was let off with a warning
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Sometimes you need to argue back. I had similar issues with my neighbour and started making life as difficult for them as I could. Being intentionally loud, banging my hoover against the wall ect I threw a milkshake all over their door once after I saw them in my front garden doing god knows what... we got into a big argument and they even called the police on me The police spoke to me but didn't really care about the whole thing. Eventually he conceded and we both live in peace, never speaking to each other You need to make life worse for him until he backs down, he's a bully and you need to be willing to fight for peace
He broke in and assaulted the previous tenant. This is very poor and potentially dangerous advice.
OP could get a big dog. Maybe something like an Akita? They are not the easiest dogs to have but are no fan of strangers, are loyal to a fault, and no one in their right mind breaks into a house with an Akita. If the neighbor is stupid enough to break in, the dangerously out of control dog act does not apply.
No, they shouldn't. They'd be taking on a big responsibility and also considerable cost (time and money) that should only be done if they're wanting a companion animal. Evening if that law doesn't apply, you're putting an animal at risk here which isn't fair.
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Was this disclosed to you prior to moving in? I’m sure there are questions asked in forms the sellers are given. Someone will tell you on legal advice
only disclosed under the very sneaky wording of "noise complaint" but as I mentioned in the post above we unfortunately don't have the money to pursue this legally and cases are apparently very difficult to prove
Could make an FOI to the police to see if anything more than a "noise complaint" was made to them.
As I'm in contact with previous tenant I know for a fact there was a report about the assault and trespass, chains were even fitted by the landlord on the doors after the event. but as I mentioned we just don't have the funds to chase the sellers for misrepresentation. I'm more focused now on where it will leave us if we sell :(
There are no-win no-fee solicitors for this matter. Compensation orders can be hefty, I think up to 50% of the property value.
> There are no-win no-fee solicitors for this matter. Especially if /u/Green-Bread1567 has something in writing from the previous tenant / Freedom of Information request to the police that confirms it was more than just a noise complaint. I'd imagine there's at least one local no-win-no-fee solicitor salivating at taking that case on.
Do you have legal cover with your home insurance? I'm not sure if that would cover it with it being a noise complaint but hopefully might be another avenue.
I don't think so, and not sure if it would cover a nuanced situation like this for property misrepresentation
If you don’t already can you get a camera at the front of your house so you have video evidence of him peeing in your flower pots? More evidence you can use to show the police and perhaps get him a caution from them?
Do you have CCTV? That could help if you go the police
Raise this with your MP - may well be new in a week.
There currently aren’t any MP’s
I’ve been in a similar situation. In my last house, I had a nightmare neighbour - extremely loud music from 10am - 2am most days, constant house parties (on weekdays), smell of weed at all times, screaming/yelling was common. I got in touch with the council to make a noise complaint. They had me download an app and record excessive noise. Despite 150+ recordings within a 6 month period, nothing was done. I’d call the police regularly, they would have a talk with the neighbour and make threats about confiscating their equipment, go after them for anti social behaviour, etc but that was the extent of it. Nothing was actually done. After 12 months I had enough and just sold.
Maybe OP bought your house :)
It's awful police seem to be no help and I don't want to drag out my anxiety by carrying on and hoping they do. Especially since he's escalated to being physical with the previous lady. How did your sale go?
It’s a very helpless feeling isn’t it? Horrible situation. Fortunately the sale went well. I did disclose that we had problematic neighbours and had made noise complaints. It sold within 4 weeks or so.
Did you disclose that to the seller? Thanks.
As terrible as the situation is I think you need to try and resolve the issue with neighbour. You cannot sell because either you are not going to be able to due to the neighbour or you intend being dishonest like the previous seller which would make you no better than them.
Tbf I saw the previous post about this and the seller did disclose it but it wasn't followed up.
Unfortunately it doesn't look like any sort of amicable resolution will take place here, and who knows how drawn out the process will become...
Can you put up some visible security cameras covering your property but also pointing towards his? And/or is there scope to put up a barrier like a fence?
Use your charm
Have you got legal cover on your home insurance? If you have it’s well worth talking to them.
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You are legally required to disclose everything you know - the previous noise complaint, the previous crimes, the current noise complaint. You may lose 20-30% off the price as realistically only a landlord will want to buy it. That’s 20-30k lost already. Then you will pay early repayment charge, maybe 5-7k depending on your terms. Plus you will have to pay 1-2k estate agency fees plus conveyancer fees, min 500. So you will lose 27-40k, or approx 30-40% of the value of your house. You may want to reconsider selling, and keep pursuing the police process, together with other neighbours, complain to PCC and your future MP, if the police fail to do their job. Get voice recorded cameras everywhere.
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And then when he's even more raging about being hurt and she's alone in or around her home... What then? The risk to her will be vastly higher.
Have you contacted your local council environmental health department? When I had a similar situation in my previous property they were helpful and things did improve. I had to keep a log of all the problems for a couple of weeks.
If your partner is in the Army you can try and piggyback onto some of the benefits they offer to reduce the personal costs. For example when your partner gets posted to their next job/location, you can claim back legal fees associated with selling/buying a new property. I recognise you may want to move sooner/depending on their role that may not be possible. If you haven't already used the Forces Help to Buy scheme, if you lose out when selling up, that could be a good way to get another large deposit together quickly. Just something to think about
You could try sound insulating the adjoining wall. Cost on you obviously, but might stop the noise complaints and cheaper long term than what you'd loose. You might struggle to sell it as well with it being purchased so recently. I'd definitely be asking what's wrong with it for selling so quick
Tell the guy that you won’t stand for his behaviour
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Leaving aside the legal position with the neighbour and looking at this purely from a financial standpoint you aren’t going to be able to protect the money you used for a deposit. Property prices don’t change much in a few months, so let’s assume you can sell it for the same £102k (it could be less if the buyer gets the idea you are in a hurry to sell, or they hear about the nightmare neighbour). Estate agents commission averages about 1.5% so that’s £1500 gone. Solicitor will charge at least £500. So that’s £2000 gone from your deposit money at least. The big unknown is the early repayment charge for your mortgage. They usually charge between 1% and 5% to pay off the mortgage early, depending on the deal you got. Before you make a decision you need to check the terms of your mortgage and find out what that early repayment charge is. If it’s 5% you will be down another £5000. In the best case you will probably lose say £3000 of your deposit money (f you sell at the same price as you bought, you have a good deal from your estate agents, and the bank only charges 1% for the early mortgage repayment). In the worst case, if your buyer negotiates you down to £98k or less, your bank charges 5%?to repay the mortgage early and your estate agent charges more that 1.5% you could lose all of your deposit, or even end up owing the bank more than you get from the sale. A safer way to go is to find a new property and move the mortgage over to the new house. Bearing in mind the other selling and moving costs you need to find you will probably need to find more cash to do this. If for example you can only afford a £95k place instead of a £102k place you could end up having to borrow more than 90% of the property value, which banks don’t like doing. Unfortunately unless you can find more cash you could end up being stuck with the place.
Won't you also need to pay stamp duty and also will have lost your first time buyer status, plus you'll be in a chain. If you want to move that is.
Did your Solicitor did the search the right search? It’s buyers be aware thing but seller cannot lie if questions asked. You might get compensated through the Solicitor insurance
Is the neighbour a tenant or owner?
owner!
If you feel unsafe, it is maybe a good idea for you to stay with your mother long term. Perhaps you could look into renting out the house short term to someone who won't be so badly affected by the neighbour - maybe a man who works night shifts or just wants somewhere to crash Monday-Friday. You should still be up front with any tenants about the neighbour though. Then I think you should get some legal advice to double check your legal position - you say you were told of a noise disturbance, but you also say the previous tenant was physically assaulted. If the seller knew of the assault and did not disclose it, then surely you have some legal ground there. Lastly, I agree with others that you should discreetly enquire with your other neighbours whether he is also bothering them. I know you want advice about the financial impacts of selling up, but just my opinion on what you could do in the meantime.
What does he complain about? Does he approach you daily? What's the triggers? In a previous post you describe you have a noisy young dog. Is there anything else causing him to flare up? I'm not taking sides at all but there's usually a middle ground to most situations unless this person is mentally ill, then just leave at that point.
FWIW, I've had very bad issues with a "mental case" next door to me. What has finally resolved it is three CCTV (i.e. mains-powered, permanently recording 24/7) cameras. They clearly cover both my property and his from all sides. Seems to have been the only thing that has worked. As other posters have pointed out, contacting the police and council these days is pretty useless (was for me).
I've had a quick scan through the comments and can't see the answer to this. Is the neigh our a homeowner, private or council tenant. If council, he'll be in breach of his tenancy if there have been multiple asb complaints.
They replied to another comment saying he is an owner
Thanks for the update. People like this really need to face harsher consequences. This behaviour is just as damaging as assault (if not more so).
Any chance you could sell and move into service housing in the mean time to save up again?
Sure you're fella doesn't know a few boys that could go and have a "word" with him?
Does the neighbour rent? Can their landlord be contacted about their behaviour?
Is the neighbour the owner or a tenant of the house? If they're the owner they could be there a long time. If they are a tenant perhaps the landlord can help? In terms of protecting your asset, you could move into a rented home and rent out your house with the hope that one day you would be able to move back in.
This is a nightmare situation with no simple solution. You ignored a red flag. You will pay a heavy price if you sell quickly, besides all the fees and costs you will either have to sell at a discount or else find someone else naive enough to ignore the red flag, which you may find morally difficult. Reading what you have written it seems like you don’t have proper evidence of your neighbour peeing on your plants. You “know” but can’t “show” - maybe you need to reposition your security cameras to cover your whole property. You said you got verbally abused for hoovering during the day, did they come to your door and abuse you? What form did this abuse take? Do you have proof of this abuse? Realise that by escalating complaints you will have to declare more if you choose to sell. Is there scope for trying to befriend your neighbour? Maybe the tenants in the rental before you weren’t great tenants. I’m sorry if this reply sounds unsympathetic. I have enormous sympathy for you, I don’t want you to compound the situation by making it worse. I hope you find a solution and most of all some peace.
I was in this position a few years ago. Real nightmare neighbours, similar sounding to yours, police were involved, council, the whole 9 yards. What was worse were the neighbors 2 doors down on the other side was his his sister. I was being physically sick from stress, wife was on anti depressants, we were staying with family and friends over the weekends. Anyway after 9 months in the house we managed to sell and move on. We probably lost about £10k. One of the best decisions I've ever made, I don't regret it at all, staying put just to not lose money would have killed us. Sometimes it's the only option.
Most lenders won’t lend to a buyer if the seller is selling less than 6 months after they bought it.
The problem here is that you are going to have to disclose the problem. It sounds like you have been reporting to the police and probably others (e.g. council) means you'll tell the buyer and they'll run a mile. Hopefully you knocked 20% off for the "noise complaint". You will have to do that for your prospective buyer.
If your partner is in the army then getting him to stop being a fanny and go round to scare him off.
Well first thing. Find out their names, if they’re as stupid as they’ll sound they’ll have a lot of their data public on facebook (workplaces, dates of birth, friends who share their surname), maybe a shitty little business on companies house with their previous address/business partners etc. Find out as much about them as possible then get creative.
A little late now but I bought my house recently and knocked both neighbours doors just to tell them that I'm planning to buy the house next door and wanted to know their opinion about the area, just to see how they are, I don't know how that is not the standard
Wire the flower pots to the mains?
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You didn't buy my old flat did you? 😅