CONFUSION over a solicitor's form led to a York couple being sued for failing to tell of their neighbour from hell, they said today.

Colin and Gladys King failed to tell Tony Pemberton of the unbearable noise, shouting and swearing from next door when he bought their house in Foxwood Lane last year.

City of York Council tenant Diane Lambert has now been evicted, with the help of evidence given by Mrs King. The Kings said there had never been any intention of keeping the problems from Mr Pemberton.

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

The couple ticked the "No" box on a legal form that asked if there had been any problems with their neighbours.

But they said they had been confused by what the question referred to, and they had never intended to keep Lambert's behaviour secret.

Mr King said: "We thought it referred to problems with property boundaries. It was just one box, and we just got it wrong.

"But I did have a conversation with the estate agent before Mr Pemberton bought the house and told him all about it, and he told us we were selling the house, not the neighbours.

"When we were told he wanted it, we asked the estate agent if he knew about her and he told us that Mr Pemberton was aware of what the area was like."

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

But they said the main reason they wanted to leave was because Mrs King suffered from arthritis.

They now live in a smaller bungalow, the location of which they have asked not to be revealed.

Mrs King said: "We knew Lambert would be evicted eventually and that was not the main reason why we wanted to move.

"We actually turned down Mr Pemberton's first offer for the house, which does not suggest that we were desperate to leave.

"We made a mistake with the solicitor's form, but there was never any intention to trick Mr Pemberton."

The couple have now paid an undisclosed amount after being taken to the Small Claims Court at York County Court.

Mr Pemberton said he bore the Kings no ill-feeling.

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

Updated: 12:43 Tuesday, February 12, 2002