Neighbours From Hell in Britain: January 2005 Newsletter
VOLUME: 11
DATE: 28/1/05
SUBJECT: Neighbours From Hell in Britain: January 2005 Newsletter
Hi all,
And a very happy, yet belated 2005 to each and every one of you! May this year be the year when we banish all Neighbours From Hell (NFH) into the realms of darkness!
Well, in the last twelve months we have had 3000 members join us! To think we were we were welcoming our 1000th member only a year ago.
Also in the last 12 months we have been involved in Noise Action day and we were invited to send our thoughts and comments to a parliamentary review committee. Does this mean that we are now being seen as a force to reckon with? We can hope that improvements to the law will be made soon, improvements that protect the victim and not the NFH. That would be a nice change!
A member from NFHiB also took part in an on line radio interview at the end of the year, for Wiretalk
You can listen to the online interview directly at NFHiB
Many thanks to the NFHiB member concerned who did a smashing job with the interview!
SPIFThe main article for this newsletter will be the 'SPIF' (Sellers
Property Information Form). A big thanks to JustJo for helping to
put it together.
Selling your home and moving is renowned to be in the top ten of
the most stressful things we go through in our lifetime, it is one
big minefield; from making your home look good for potential buyers,
surveying, conveyancing, to the dreaded 'chain'.
Around five years ago, the introduction of the Sellers Property Information Form (SPIF) added another thing to think about when putting your house on the market. The SPIF was introduced to assist potential buyers gain information about the house they are purchasing, i.e. who is responsible for boundaries and drainage. Also contained within this document is a section titled 'Disputes', this is where problems can arise for anyone who has been or still is involved in a dispute with a neighbour.
The SPIF is designed and worded in a way so that the average person can fully understand all the questions, thus enabling the seller to fill the form in with relative ease and confidence. However it does clearly state that it is a legal document and if not filled in frankly and honestly, the seller may be liable in any legal action for damages. The buyer may decide to pull out of the purchase if the truth becomes known prior to completion.
In a landmark case in 2002, Mr and Mrs McMeekin from Hampshire successfully sued the previous owners of their home, Mr and Mrs Long, for fraudulent misrepresentation. Mr and Mrs Long failed to disclose on the SPIF that they had a dispute over access rights to the property which became apparent to the McMeekins once they had moved in as the dispute reared its head once again. Mr Justice Astill said in summing up that the sellers should have answered YES to the questions on the SPIF that referred to any disputes.
Because of the simple wording on the form they must have known that they were not being truthful when filling it out. The McMeekins were awarded over £67, 000 in compensation and legal costs.
The old rule when buying a home CAVEAT EMPTOR (let the buyer beware) still applies so it is essential that you ask all the right questions when viewing a house. The SPIF provides back-up to hopefully the questions you have already asked, when you talk to the sellers.
In this day and age when properties are probably the biggest investments most of us make it is essential that we protect our assets. If you are selling your home and you are or have been involved in a neighbour dispute, seek legal advice as to how you answer the questions on the SPIF. Not only will this give you peace of mind about being honest but will also give you peace of mind knowing that your purchasers will not want a pound of flesh from you for failing to disclose a dispute and leaving them to deal with a 'NFH'.
For more hints and tips on what to look out for and check when looking to purchase a new property, take a look at the NFHiB Online Guide 'Moving Tips: Spot the Potential NFH'
Thanks to JustJo for writing the piece! Next month I hope to be
able to share NFHiB member thoughts with you about the curse of
laminate flooring!
You are all welcome to come and visit us on
the forum - you know there will always be a place for you we
have kept in advance!
So until next time take care and look after each other.
BethNeighbours From Hell in Britain (NFHiB)
Contact: beth@nfh.org.uk
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