Compensation demanded by a homeowner with a 'neighbour from Hell'

Posted: 08/03/2012

Kevin Hurst who purchased a semi detached house on Melville Drive, Essex is taking legal action against the previous home owners, Mr and Mrs Wilson as they claimed their neighbour ‘lived alone’ and ‘worked as a piano teacher’. However this was far from the truth as the gentleman next door, Dominic McGrath, had committed ‘extreme anti-social behaviour’ on the residents living in the street.

Some of his charges included a decade long ASBO to ban him from wearing a balaclava as it gave him an ‘intimidating appearance’, of which he admitted in Chelmsford Crown Court he broke three times in 2008 and Mr McGrath was also given an eight month suspended prison sentence in July 2009. In 2010, Dominic was ordered to accept mental health treatment after running after teenage boys with a kitchen knife. Finally, Mr McGrath was sent to prison for six months for using hostile and intimidating behaviour.

Conclusively, the male who lives at number 34 is not a ‘quiet man’ by any stretch of the imagination. In fact, he is quite the opposite and Mr Hurst is seeking compensation for £100,000 because of the anti-social behaviour expressed by his neighbour which included; slamming doors, playing loud music, making thunderous noises and persistently blocking his driveway, therefore the price of his home has dropped from £180,000 to £94,500.

Kevin Hurst claims that the Wilsons gave him verbal assurances that there had been no problems with the neighbour and they also gave written assurances on the Sellers Property Information Form where they stated that they had no disputes, negotiations or discussions with neighbours or authorities which involved the house.

In the High Court, Mr Hurst’s writ said; ‘if the defendant had informed the claimant of the true facts either verbally or in the SPIF, he would not have proceeded to purchase the property.’ Unfortunately, when it comes to depending on information written on a form in allegations of misrepresentation, it all depends on the precise wording of the defendant’s answers.

Could this genuinely be the neighbour from Hell?

Amanda McGovern, Pali Ltd

www.paliltd.com

(0) Comments compensation, neighbour, court, house, legal action

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