Can You Sell a House with a Neighbour Dispute?
Estimated reading time 6 minutes
As you may have seen in previous blogs, selling a house fast and without difficulty is not always easy. Whether it be problems uncovered during conveyancing, a complicated chain or simply a slow-moving market, that dream sale can often be a while in coming. One further issue that can hinder the process is your neighbours. Selling a house with a neighbour dispute can be tricky, but it’s not impossible. You can sell a house with a neighbour dispute; you just have to make sure you declare these disputes to any potential buyers.
What is classed as a neighbour dispute?
A dispute with neighbours could be anything where you and those living close to you have a disagreement that could see emotional or financial stress put upon either party. Think, noise complaints, boundary issues, vandalism, littering, shared maintenance issues and the like.
All must be declared when you try and sell your home, otherwise, buyers could look to take legal action against you for misrepresenting the property. This could see the sale being cancelled and all costs returned to the buyer.
Typical neighbour disputes include:
- Boundary issues
- Parking space complaints
- Party wall disagreements
- Littering
- Vandalism
- Drug use
- Shared maintenance issues
- Garden encroachment
- Verbal/physical intimidation
Do you have to declare neighbour disputes to sell a house?
Yes. It is in fact a legal requirement for disputes with neighbours to be disclosed when selling a house. The TA6 form, also known as the property information form, should be used to document any ongoing disputes with neighbours. That way a buyer goes into the transaction fully aware of any potential problems that may be encountered.
Should there have been disputes in the past that are now settled, there is no obligation to include these in the TA6. Likewise, what is seen as an issue by some is seen as completely fine by others. For example, if your neighbours own a dog and it barks often, this may be an issue for you, but it is of no concern to those buying the property. These kinds of issues do not normally need to be declared.
Think of it as if there is any dispute that is ongoing, or you have had to report the neighbour to the police or local authorities, it needs to go on the TA6.
Information relating to disputes that could arise should also be included.
Without declaring disputes, the buyer could enforce legal action, in some cases, this could result in the sale being cancelled.
Do sales fall through because of neighbour disputes?
It is perhaps no surprise that disputes with neighbours often see sales fall through. A buyer may learn of the issues that you as a seller have faced and think they are better off somewhere else. A report from Estate Agent Today in April 2024 showed us that 38% of buyers pull out when a neighbour dispute is declared on the TA6.
Perhaps just as alarming is that the same report told us many sellers refuse to make official complaints relating to disputes with neighbours due to concerns that the declaration of them on the TA6 will see the sale collapse.
How can neighbour disputes be resolved to help sell a house?
Some disputes are not able to be resolved unless a legal route is followed. However, in some cases, a simple conversation with a neighbour can fix it.
An amicable resolution will mean there is no need to declare anything on the TA6. That being said, if the dispute could lead to physical harm or damage to the property, you should put your safety first and pursue the appropriate legal avenues.
In many cases, a simple conversation explaining the issue and finding common ground to resolve it will see a better likelihood of a sale and a better relationship with the neighbours for you and the people buying the home.
Should a friendly chat or discussion be out of the question, or if the issue requires specific legal help, you should assess the options open to you.
Speak to the landlord
If the neighbour lives in a rented property and you’ve attempted to talk to them about the issue and had no luck, reaching out to their landlord could be an option. Document the issue and how you wish for it to be resolved. The landlord will not want their property being mistreated or have their reputation sullied, so will likely reach out to the tenant to get the dispute resolved. In some cases, though, you may need to remember, that you could also be the cause of the dispute, and the landlord could side with their tenant.
Use the residents’ association
Whilst not all neighbourhoods have such an organisation, many do. And it’s the strength in numbers that may help see the dispute resolved. If multiple people all have the same concerns, the association will raise the issue as a collective rather than as something personal. This hopefully avoids a confrontation and instead sees the community coming together.
Hire a mediator
This could be costly but could also see the issue resolved to the satisfaction of both parties. A mediator will allow both sides to express their thoughts on the issue and hopefully help find a route to agreement that works for everyone. In some cases, mediation services are free of charge, but you should speak to your council to see if this is a service they provide.
Contact your council
In some cases, neighbour disputes that slow the sale of a house stem from things such as excessive noise, littering and anti-social behaviour. Contacting your council could see them approach the neighbours and take action against them where possible.
Speak to a solicitor
If you feel all the avenues have been exhausted, you may be best off seeking professional legal advice. This can prove to be expensive but may be an option that resolves the dispute and helps you sell your house fast.
This could see the dispute eventually head to the law courts where a legally binding decision will be made.
Attempting to sell a house with neighbour disputes can be hard but it is not impossible. Whilst disputes must be declared on the TA6, it can be understandable why people choose to ignore them altogether. The concern that a declared dispute could see it become a challenge of selling an unsellable house means many homeowners become reluctant to try and sell. There is a solution though. Cash house buyers like us at Bettermove buy any property regardless of its location, condition or its neighbours. This way you have no worries of long-drawn-out legal processes trying to resolve disputes and can remain satisfied your home will definitely sell. Contact us today to sell your home in a timeframe that suits you.