Do I Have to Tell a Buyer About Antisocial Neighbours When Selling My House?

Falling out with a neighbour is uncomfortable enough without wondering whether it could affect the sale of your home.

Perhaps there was an argument over bins blocking the drive, or maybe next door regularly plays loud music.

If you are planning to sell, you may be wondering: do I actually have to tell the buyer?

The answer depends on what has happened. However, sellers should be careful about deciding for themselves that a problem is too minor to mention.

Do I have to make my buyer aware of antisocial neighbours?

In many cases, relevant problems involving neighbours do need to be disclosed.

As part of a typical sale, sellers complete a TA6 Property Information Form. The current Law Society guidance asks about past and current disputes involving neighbours or nearby property. It also refers to concerns such as noise and other disturbances.

This does not mean you need to provide a character reference for everybody on the street.

If your neighbour puts their Christmas decorations up in November and you personally think that is far too early, that is unlikely to be the issue.

However, repeated antisocial behaviour, serious noise problems, harassment or ongoing disagreements may be very different.

Do you have to declare disputes with neighbours when selling a house?

A neighbour dispute does not have to involve court proceedings before it becomes relevant.

Problems could include disagreements about boundaries, access or parking. They could involve persistent noise, trees, hedges, pets or other disturbances.

The important thing is to give your conveyancer the facts.

Trying to decide whether something technically counts as a “dispute” without taking advice can create problems later. Your solicitor can consider what happened and advise how the relevant questions should be answered.

If it was just a silly argument with my neighbour, do I have to declare it?

Not every irritated conversation over a fence will necessarily amount to a significant neighbour dispute.

There is a clear difference between asking someone to move their car once and spending six months arguing about somebody repeatedly blocking your driveway.

Context matters. Consider how serious the disagreement became, how long it lasted and whether it happened repeatedly. Written complaints, threats, allegations or involvement from other organisations can also change the picture.

Most importantly, do not describe something as a “silly argument” simply because you would rather forget about it.

If you are unsure, mention it to your conveyancer and let them advise you.

At what point does a neighbour disagreement become a formal dispute?

There is no single point where an everyday disagreement suddenly becomes a “formal dispute” for disclosure purposes.

Clearly, matters become more significant when there have been solicitor’s letters, written complaints, mediation, council involvement, police reports or court proceedings.

However, waiting for one of these things to happen is not a reliable test.

But buyers may also want to know about relevant concerns even where nothing has yet been formally said or done about them. For example, months of serious late-night noise may still be relevant even if you have never complained to the council.

What happens if I don’t declare a neighbour dispute?

It can be tempting to think, “We’re moving anyway. Why bring it up?” but that approach can create a much bigger problem.

Buyers can rely on information sellers provide through the TA6 form. The Law Society warns that giving misleading information could potentially lead to a buyer claiming compensation after completion.

That is why answers should be accurate rather than designed to make the property look more attractive.

If you do not know how to answer a question, speak to your conveyancer rather than guessing or leaving out information you think may be inconvenient.

Can I sue my neighbour for devaluing my property?

A neighbour making your house less attractive to potential buyers does not automatically mean you can sue them.

There would normally need to be an underlying legal basis for a claim. Depending on the circumstances, that could potentially involve issues such as nuisance, trespass or harassment.

For example, an estate agent suggesting buyers may dislike next door’s untidy garden is very different from persistent behaviour that seriously interferes with the use of your property.

Courts can deal with neighbour disputes where legal action is justified, although GOV.UK recommends court proceedings as a last resort after other options have been explored.

If you believe a neighbour’s behaviour is affecting your property or its value, take advice on the specific circumstances before starting legal action.

How to sell a house with problem neighbours

Having difficult neighbours does not mean you cannot sell your home.

The best approach is usually to tell your conveyancer about the problem early. Keep copies of relevant correspondence, complaints or other records and answer enquiries accurately.

If the issue can sensibly be resolved, doing so may also make the sale easier. However, remember that resolving a dispute does not necessarily erase its history. The TA6 guidance refers to past as well as current disputes.

Above all, avoid hiding the problem and hoping it never comes up is not the best solution!

Unsure what you need to tell a buyer?

If you have had problems with a neighbour and are considering selling your home, speak to JR Levins before completing your property information forms.

Our conveyancing team can help you understand what information may need to be provided and guide you through the sale. Where a neighbour dispute itself requires legal advice, our Civil Litigation team can also discuss your options.

Contact JR Levins for advice before you make a decision.

Call 0151 480 5777, email property@jrlevins.co.uk or find out more about our conveyancing services.