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Tuesday, 12 February, 2002, 14:11 GMT
Legal confusion over 'nightmare' neighbour
Tony Pemberton in front of
Pemberton hopes his case will help other homebuyers
A couple sued for concealing "neighbours from hell" from a property buyer say they are victims of confusing legal forms.

Colin and Gladys King failed to warn Tony Pemberton about the noise from next door when he bought their house in York last year.


There was loud music, shouting, banging, screaming, sometimes until 5:30am

Tony Pemberton
The neighbour has now been evicted, with the help of evidence provided by Mrs King.

But the Kings, who were successfully sued for an undisclosed amount, said they never intended to hide the problems from Mr Pemberton.

"We have been victims here as well, just because we made a mistake on a form," Mrs King said.

The couple ticked the "No" box in answer to the question: "Have you made any complaints to the neighbours? Do you know of any dispute about this or any neighbouring property? Is there any other information which you think the buyer may have the right to know?"

Chair on which burned woman was dumped
Woman was dumped outside house on a chair

Mrs King said she thought the query referred to problems with property boundaries.

"It was just one box, and we just got it wrong," she said. "There was never any intention to trick Mr Pemberton."

The National Association of Estate Agents says the case highlights shortcomings in the services solicitors are providing to property sellers.

"I'm not convinced solicitors acting for sellers explain the implications of failing to reveal information," Hugh Dunsmore-Hardy, chief executive of the National Association of Estate Agents, told BBC News Online.

He said lawyers are supposed to make sure their clients fully understood their obligations when answering questions on legal forms.

Buyer's nightmare

Tony Pemberton, who sued the Kings, said he bore no ill feelings towards the couple. But he hoped his legal victory would set a precedent for other homebuyers.

Mr Pemberton's ordeal began just days after he moved into his terraced property in Foxwood Lane, Foxwood, last May.

He said the noise coming from next door was incessant.

"There was loud music, shouting, banging, screaming, sometimes until 5:30am," he said. "I couldn't sleep and had to be signed off work sick because of the stress and lack of sleep it caused."

The disturbances culminated in an incident last September, when one of Miss Lambert's guests was dumped in an armchair out in the street, suffering from burns.

Mr Pemberton discovered that City of York Council had already taken Miss Lambert to York County Court, where she had signed an undertaking not to cause a disturbance.

The Kings had lived in the house for more than 20 years. The problems started after Miss Lambert moved in three years ago.

She was evicted last month after a judge heard of 74 complaints made against her.

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