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. by email.
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’.
Property sellers are now required to complete a form which they must answer honestly – including about neighbour disputes
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.
> Read our columnist Dean Dunham on how to fight for your consumer rights
A product keeps needing repairs – can I just get a refund?
I purchased a laptop in November and had cause to send it back in December. The retailer repaired it but now the problem has occurred again. The retailer says it will repair it again, do I have to accept this or can I ask for a refund?
F. W. by email.
Dean Dunham replies: Retailers like to make consumers believe they have the right to keep on repairing faulty goods.
However, this is not the case as the Consumer Rights Act 2015 (section 24(5)(a) to be precise), clearly says that if after a repair the same issue occurs again, the consumer is entitled to return the goods and demand a refund.
Alternatively, you can ask for a price reduction to take account of the issues with the goods. This means you get some money back but get to keep the goods.
You’ve told me that you do not want to go ahead with a second repair of your laptop and instead, simply want a refund. In this situation the retailers can make a deduction from the refund for ‘use’ — to take account of the use of the goods you’ve had prior to a refund.
However, in your case I would argue this as you’ve hardly had any use of the laptop.
- Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or email [email protected]. No legal responsibility can be accepted by the Daily Mail for answers given.
