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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi. I have just moved into newly built house with my partner,

Resolved Question:

Hi.
I have just moved into newly built house with my partner, sold by Linden homes in Colchester. We have been told, although not in writing, we are getting acoustic fence to reduce traffic noise. After questioning it, we found out there is no fence to be installed at all. The noise is very disturbing, all day long. It's even worse on the first floor, where our master bedroom is. We have been told that our house is on a little hill and acoustic fence would ruin the view and we are not facing the street (40 mph limit).
What are we supposed to do? Two other neighbours are also not happy about it. Can we complain? Any chances to have at least windows replaced? We are covered by 2 years warranty from the developer and also have private insurance for the house and its contents. Can we claim anything? More then anything i want this noise to stop coming.
I would need you to write me such a complain, please.
regards,
Anna
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You need to speak with your solicitor who acted for you in the purchase.

He will be able to check the contract to ensure what documents form contractual obligations from the Seller to you. If the erection of an acoustic fence was noted in the pre-contractual documentation and this was referred to in the purchase contract for the property then it will be a contractual obligation of the Seller.

If it is a contractual obligation then you can enforce it against the Seller and get them to erect the fence.

If you have documentation with you then you should also scour it for reference to the fence.

If the erection of the fence was only mentioned verbally to you then you need to get your solicitor to check the purchase contract. Unfortunately, it will likely say that only written replies to enquiries before contract and the pre-contract documentation itself will form part of the contract. If it does (it should really) then I’m afraid that you are not likely to be able to legally compel them to erect the fence. Though you can do some sabre rattling to see how far this gets you, sometimes it can work.



You should also keep in close contact with your neighbours about this and pool your resources. Three voices are better than one.

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Kind regards,


Tom
Customer: replied 1 year ago.

Hi Tom,


 


with regards XXXXX XXXXX answer you provided - could you also please advise on the letter we can send to the developer as a group of three neighbours/individually with the complaint. This request has also been included in my original question.


many regards,


Anna

Expert:  Thomas replied 1 year ago.
Hi Anna,

I really would not advise sending that letter of complaint before you have spoken with your solicitor to establish their contractual obligations.

This is potentially something that you could litigate on and therefore your communications with the Seller should be vetted by the Solicitor to ensure that you do not disclose anything which could conceivably be exploited by them in litigation. Your could prejudice yourself unwittingly by doing that without first taking the specific advice from your solicitor on the merits of your claim and the cause of action.

Please remember to rate my answer.

Kind regards
Customer: replied 1 year ago.

Tom,


 


I appreciate your help and advise and i will refer this case to the solicitor.


I am afraid it won't be mentioned in any paperwork, that's why I am trying to have a back up prepared. Could you please help with this one?


 


regards,


Anna

Expert:  Thomas replied 1 year ago.
Anna,

I'm afraid that it is a conditoin of the site that I am not allowed to accept private instructions from customers. Your solicitor that acted in the purchase should be the first port of call.

Please remember to rate my answer.

Kind regards,


Tom



Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6430
Experience: BA (Hons), PgDip, Practising Solicitor
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