How to Avoid A Neighbour Dispute - for tenants and property owners
Having a troublesome neighbour is not an unusual situation to find yourself in. Whether it is a dispute over who can use the driveway, or a boundary issue in your garden, neighbour disputes are not uncommon.
In a time when the vast majority of us have been stuck
at home for 12 months, you may now have realised that
your neighbour is not quite as ‘neighbourly’ as you once thought.
Disputes for those living in flats
People commonly associate neighbour disputes with those living next to each other on a street, however for those in flats, the issue is one that still exists. Over the course of the last year, evictions were suspended as a result of the moratorium put in place due to the pandemic.
This, however, is now likely to change. With the 21st of June 2021 potentially being the first expected day of normality and restrictions on evicting residential tenants lapsing on 31st May 2021, tenants may be faced with some surprises from their once cordial neighbours.
This means if you are renting a flat and have a particularly difficult neighbour, you can raise this with your landlord, in the knowledge that if the issues continue, your landlord may be entitled to seek an eviction of that particular neighbour.
Whilst this of course depends on the actions committed by the neighbour, it has been seen that over the course of the last year, some tenants have used the moratorium to their advantage, failing to look after their property, not paying rent, and behaving anti-socially towards neighbouring tenants.
Some of the fellow tenants may have submitted witness statements in support of an eviction, putting them in a particularly difficult situation. The upcoming change in eviction rights is, therefore, good news for those tenants who may have submitted witness statements against their disruptive neighbours.
Neighbour Disputes and Disclosure
Neighbour disputes can also be relevant for those in the process of, or looking to, move to a new property.
Given the recent announcement by the Chancellor extending the deadline for the popular Stamp Duty Holiday from the 31st March 2021 to 30th June 2021, many will be wanting a quick sale. The SDLT Stamp Duty Holiday will no doubt continue to help the booming housing market, however it is more important than ever for potential buyers to be more aware and for sellers to ensure they comply with their obligation to disclose any disputes (whether a minor disagreement or a full-blown boundary dispute) they have with a neighbour. Further, it is not unreasonable to suggest that in the event of a dispute, the value of your property may be impacted, and as such it is strongly advisable to resolve any disputes before placing your property on the housing market. Alternatively, failing to disclose a neighbour dispute may leave you vulnerable to a future claim against you.
Harry Mellors, Dispute Resolution team paralegal at Lawson-West Solicitors in Leicester says:
"So, if you have not fallen-out with your neighbour before now, and plan to take advantage of the Stamp Duty Holiday, try and avoid entering into a neighbour dispute between now and the end of June.
Alternatively, if you are in the process of a dispute with a neighbour or wish to rectify a problem before you can sell your property, do not hesitate to contact our Dispute Resolution team here."
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