Q: Our daughter recently bought and moved into a semi-detached house. It turns out the house next door is let out. Students have moved in and are making considerable noise, partying until 3am. Should the fact that next door is an investment property have been flagged in searches? She is distraught because this is her first home.
A: The fact that the adjoining property is not owner-occupied is not something that could be established by conveyancing searches. However, your daughter's solicitor will have asked a series of standard questions of the seller, one of which asks about disputes. If the sellers had a dispute with the neighbours, but represented that they had not, your daughter might have a misrepresentation claim against them. Your daughter would need evidence to support the claim, such as copies of emails with the neighbours or the council. Your daughter could also complain to the local authority in the hope that they might serve an abatement notice.
Ed Cracknell appears in The Sunday Times Home Experts answering a reader's question.
Ed is a partner in the property and housing litigation team. He specialises in all aspects of property litigation and property dispute resolution. His areas of expertise include landlord and tenant disputes, business lease renewals, rent and service charge recovery, possession proceedings, and dilapidations claims.
The Sunday Times Home Experts 6 September 2020