Home owner wins 'neighbour from hell' payout

Property sellers in Britain were warned today they could face payouts if they fail to warn buyers about problem neighbours following a landmark legal case.

The case of Tony Pemberton, who won damages because the previous owners of his home did not tell him about the noise from a nearby house, should act as a ‘‘salutary warning’’ to property sellers, it was claimed.

Hugh Dunsmore-Hardy, chief executive of Britain's National Association of Estate Agents, said: ‘‘Buyers who believe they have not had entirely truthful answers may now look to see if there is legal redress.’’

The previous owners of Mr Pemberton’s home in Foxwood, York, had signed a form saying they had not had problems with the neighbours.

But he later discovered they had made several complaints against the neighbour and Mr Pemberton was subsequently awarded an undisclosed sum at York County Court.

Mr Pemberton told the Daily Mail he suffered stress because of the noise from the people living near him.

‘‘There was incessant loud music, shouting, banging and screaming coming from next door, sometimes until 5.30am.’’

Mr Dunsmore-Hardy said the ruling could trigger a spate of similar cases.

‘‘The whole question of neighbours from hell has become more of an issue since the start of TV documentaries into the issue.’’

But he said sellers are not obliged to complete forms about their neighbours.

‘‘There’s not really much we can do about who we live next door to. And even if we get on with the neighbours when we first move in, they may move out and difficult people move in.’’