Must I tell buyers about my noisy, messy neighbours? Our consumer rights lawyer DEAN DUNHAM replies

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My next-door neighbour is noisy, their garden is a mess and their house could do with some TLC. I am selling my house — is it illegal for me not to declare them as a problem? D. L.

Property sellers are now required to complete a form which they must answer honestly - including about neighbour disputes 

Dean Dunham replies: Let me firstly dispel a common myth that it is the buyer’s responsibility to investigate all aspects of a property and uncover any potential issues.

The ‘buyer beware’ principle still stands with property sales, although its application is now limited due to the Consumer Protection Against Unfair Trading Regulations 2008 law.

This law reverses the responsibility for the seller to disclose anything which may impact the buyer’s decision to proceed with purchasing the property.

Property sellers are now required to complete a sellers Property Information Form, known as ‘form TA6’.

This asks questions about the property which must be answered honestly. If you fail to do so you could be on the end of a misrepresentation claim from the buyer, which will inevitably include a claim for compensation.

The key question is what information falls within the requirements of the regulations? The TA6 form specifically asks about neighbour disputes, so if you’ve had, or currently have, a neighbour dispute, you must disclose it. What constitutes a dispute is left open to interpretation.

But if you have made a complaint to the council or another authority about the behaviour of your neighbours, or if you have contacted them directly, then you are duty-bound to declare it.

If you are simply unhappy about something — in this case the state of their property — but have taken no steps to do anything about it, this will not constitute a ‘dispute’ so will not have to be disclosed on the TA6 form.

The state of your neighbours’ garden and the general condition of your neighbours property is a fairly subjective matter — your opinion on what is a mess might not be shared by others.

My view is therefore that this is not necessarily something you would need to disclose to a buyer (unless there is a ‘dispute’ in play about it) and is therefore something viewers to your home can see for themselves.

However, this is not an answer that fits all situations. It is therefore always best to be cautious and to ask your solicitor or estate agent if a specific matter like this should be disclosed.