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Saintjay

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As a matter of interest, for anyone who might know more than is simply found on Google, what are the chances of something actually being done against a neighbour who is frequently yelling and screaming at the top of their lung (over the phone, it's not a domestic argument or anything) and how liable is the previous owner for both lying to my face about it when I asked when I visited and then not mentioning anything on the form where it said if a complaint had been made or if there was cause for complaint. I can say with certainty there would have been cause.

I'm in a leasehold flat and there are certain requirements on the tenants to not make too much noise but it specifies how (instruments, music, speakers, singing, DIY etc) but does not actually explicitly say simply yelling and screeching. I'd assume that would be covered under the bleeding obvious but then also know law can leave nice little loopholes, especially when you have a lot of things listed explicitly.
You are probably aware noise is dealt with normally by your local authority. As a rule it is environmental health. As you've said the tend to list "reasonable day to day noise". Even things like reasonable music practice can be included.
Cambridge City Council advice keep a diary and have a link you can get an app to record the noise. Might be worth a look
Another avenue for noise complaints can be via ASB dependant on your local authority. As a rule the police will cuff you off as either "civil dispute" or call the council.

Could also try an FOI request about how many noise complaints you've had in your block over a specific time. I'm not sure if you'd get a response
 

Bada-Bing!

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Possibly but a seller is bound to make certain disclosures to a buyer upon request. I haven't done much work in property and none in residential property so I couldn't tell you if the above is such a disclosure. It could also be that no complaints were made and the seller is just lucky that there's nothing to disclose.

The sale of property is a transaction that heavily favours the seller though.
This is what I read but I've also read that if you directly ask them a question and they tell you an outright lie, that isn't covered. I explicitly asked what the neighbours were like and if there were any noise problems, which they denied. I now find that there is screaming and shouting multiple times every single day at all times, including beyond midnight, from someone who was in the flat at the same time as the previous tenant. Of course I have no record that I asked this question. I think if I had recorded it though, I'd have more of a case as it was an outright lie that influenced my decision to buy it (there were 2 other flats in the same set of flats going cheaper).
Unless there is a specific term in the contract and you can point to it as a breach of contract I think it’ll be very hard to go after the sellers. The issue is quantifying the financial loss directly attributable.

Asking a seller a specific question and then misrepresenting will likely relate to the property itself - ie if there was a problem with the structure and you can claim the direct loss relating to this.

Unreasonable Noise from a neighbour is gonna come under civil matter. If approaching neighbour and trying to reason with them does not work then approaching then check the terms of your lease for any restrictive covenants is another avenue legally wise and find out who are the freeholders of the block? Find out who your neighbour’s landlord’s are and complain directly to them.
 

Le Frére Alpha

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Unless there is a specific term in the contract and you can point to it as a breach of contract I think it’ll be very hard to go after the sellers. The issue is quantifying the financial loss directly attributable.

Asking a seller a specific question and then misrepresenting will likely relate to the property itself - ie if there was a problem with the structure and you can claim the direct loss relating to this.

Unreasonable Noise from a neighbour is gonna come under civil matter. If approaching neighbour and trying to reason with them does not work then approaching then check the terms of your lease for any restrictive covenants is another avenue legally wise and find out who are the freeholders of the block? Find out who your neighbour’s landlord’s are and complain directly to them.
then not mentioning anything on the form where it said if a complaint had been made or if there was cause for complaint.
I don't know what this form is, if it's part of the standard terms (which it would be here) and a complaint has been withheld it is absolutely actionable against the seller. If it is related to the contract of sale and a complaint has been withheld it is also actionable.

It's very possible no formal complaint has been made, what form of complaint can be made? And as I said earlier if it has damages are probably nominal because its difficult to prove any diminuation in value.

The question was if there is any possible action against the seller - there might be, but its unlikely to be the best course of action.
 

Bada-Bing!

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I just think going after the seller is a long shot and best not to waste time going that route and any associated costs.

It can be sorted but first approach the noisy neighbours and if they are just being complete arseholes and refuse then try and find out who their landlords are (ask other neighbours/check land registry), as this will come under some term in the lease itself which all flat holders will be bound by. I am sure if they then get threatened being chucked out then the noise will stop.
 

The Oggmonster

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As a matter of interest, for anyone who might know more than is simply found on Google, what are the chances of something actually being done against a neighbour who is frequently yelling and screaming at the top of their lung (over the phone, it's not a domestic argument or anything) and how liable is the previous owner for both lying to my face about it when I asked when I visited and then not mentioning anything on the form where it said if a complaint had been made or if there was cause for complaint. I can say with certainty there would have been cause.

I'm in a leasehold flat and there are certain requirements on the tenants to not make too much noise but it specifies how (instruments, music, speakers, singing, DIY etc) but does not actually explicitly say simply yelling and screeching. I'd assume that would be covered under the bleeding obvious but then also know law can leave nice little loopholes, especially when you have a lot of things listed explicitly.

Are there any neighbours adjacent to or below your nightmare neighbour who you could talk to to see if they are also being disturbed? Strength in numbers and all that. I've had neighbours from hell before and so you have my sympathy. It won't be forever and there's always a way out.

Soundproofing tends to be poorer in older buildings (floors are usually only separated by floorboards and plasterboard as opposed to concrete which tends to be the case in newer buildings) and I always made a point of asking about it whenever I moved house afterwards.
 
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Ragey Erasmus

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I have neighbours to the side, above and next to me on my level. 2 of them say they have heard it but not as badly as I have seeing as my room is directly above the one she sits in.

The building is only 10 years old but she keeps her window open an be seems to be sat right near it as she shouts, so I get the full blast even with my windows closed.

I've largely accepted I won't be able to do much to the seller, even though my decision to buy or not definitely would have changed had I known how bad she would be. I'm more interested now in dealing with her. Worse case scenario and she owns the flat, is there any realistic chance of it escalating beyond a bit of a slap on the wrist? Also, seeing as she appears to be a nutter, would an aggressive response to being informed about the excess noise count much in my favour? I'm going to record the interaction as I suspect the outcome will be that.
 

The Oggmonster

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A 14 day cooling off period obviously wouldn't work but it's a pity there isn't a 'try before you buy' concept when it comes to buying a property given how big of a deal moving house is and how long it takes to sell if you feel compelled soon after moving in. A couple of half an hour viewings is unlikely to reveal issues like noisy neighbours.

I would never buy property in England again until the process is overhauled. The whole chain thing is such a nightmare and the fact that you can't relax until contracts have been exchanged (which is typically towards the end of the process) is so flawed. It's almost like the process is designed to line the pockets of conveyancers, surveyors, estate agents and of course HMRC. It's no wonder people say property buying is one of the most stressful things to go through.
 
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Le Frére Alpha

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Caveat Emptor needs changing in residential sales. Most buyers, especially first time buyers, are straining theor resources to buy a property, a seller is aware of issues like this that would influence a buyer's decision.

Why on earth is the system allowing sellers be deceptive and drive up prices in the most overpriced market on earth, its ludicrous.
 

The Oggmonster

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Sellers in England have to complete a 'property information form' where they have to disclose any issues such as faulty heating, boiler or electrical appliances etc. but there is absolutely sod all in relation to intangible things like noise from neighbours or from trains, planes, cars etc. There is a section on 'disputes with neighbours' but if the seller hasn't raised one through the proper channels then there is nothing to disclose on the form. The form is shared with any potential buyer's solicitor and if any disclosure is found to be untrue after the buyer moves in then there is scope for a potential compensation claim. The absence of things like noise on the form is a major gap that needs addressing.
 

Le Frére Alpha

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Sellers in England have to complete a 'property information form' where they have to disclose any any issues such as if the heating wasn't working or if there were issues with the boiler or electrical appliances but there is absolutely sod all in relation to intangible things like noise from neighbours or from trains, planes or cars etc. There is a section on 'disputes with neighbours' but if the seller hasn't raised one through the proper channels then there is nothing to disclose on the form. It's a major gap that needs addressing.
Presume that's why the seller hasn't disclosed anything in this case. Really unlucky
 

The Oggmonster

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Presume that's why the seller hasn't disclosed anything in this case. Really unlucky

Most likely. They probably haven't raised a formal dispute and so nothing to disclose. If Ragey raised a dispute then it would hinder his chances of selling as he would have to disclose it on the form which would put off prospective buyers. It's utter madness.
 

Bada-Bing!

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I have neighbours to the side, above and next to me on my level. 2 of them say they have heard it but not as badly as I have seeing as my room is directly above the one she sits in.

The building is only 10 years old but she keeps her window open an be seems to be sat right near it as she shouts, so I get the full blast even with my windows closed.

I've largely accepted I won't be able to do much to the seller, even though my decision to buy or not definitely would have changed had I known how bad she would be. I'm more interested now in dealing with her. Worse case scenario and she owns the flat, is there any realistic chance of it escalating beyond a bit of a slap on the wrist? Also, seeing as she appears to be a nutter, would an aggressive response to being informed about the excess noise count much in my favour? I'm going to record the interaction as I suspect the outcome will be that.
Barring getting this lady sectioned and calling the department of health?

My grandad before he died was having hallucinations thinking he was seeing ghosts and shouting out the window and disturbing neighbours. They complained to my dad because he didn’t speak English and was wheel chair bound. He calmed down eventually. More care from my dad and also carers. That’s the only other thing if your neighbour is elderly, non English speaking and you see if they are getting any visitors.
 

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