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Old 16-11-2015, 12:23 PM
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Join Date: Nov 2015
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Default TA06 - disputes and complaints form - lift noise

Hi

I'm hoping someone can assist me with the quandary Iíll outline below.*

We are hoping to sell our flat and the issue I haveis that the lift shaft is noisy when the lift engages and disengages. I have raised the issue with our management company and am on file as reporting my dissatisfaction with the sound. It is not something that bothers my partner in the slightest or any other residents who live on the other floors surrounding the shafts so it is a purely personal issue.

The problem I foresee when selling is on the*TA6 form sellers are required to fill out as part of the conveyancing process.*This section of the sellers property information form asks whether there have been any complaints by or against the seller.*It also asks whether the seller knows of anything which might lead to a dispute in future. My initial*understanding of this was whether any*complaints had been raised to the council but I now*wonder whether raising a complaint to the management company is tantamount to the same thing. I have a paper trail via email between the manager and myself with a couple of others on our block*committee clearly*outlining*the noise issues.*

Noise is subjective and it doesnít bother my partner or seem to bother any of the other neighbours. I may be over cautious on this one but I ideally don't want to mention anything as it should come down to the survey to pick up on this.
Would the new owners have a case against me if i didnít mention the lifts? *How long after the purchase could i*potentially be open to legal action?*

The TA6 clauses are as follows:*

2.1 Have there been any*disputes or complaints regarding this property or a property nearby? If Yes, please give details.

2.2 Is the seller aware of anything which might lead to a*dispute about the property or a property nearby? If Yes, please give details.*

Many Thanks
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