A HOUSEHOLDER has successfully sued the couple who sold him his York home - for failing to warn him there were "neighbours from hell".

Tony Pemberton believes his legal victory could have implications all over Britain for homeowners trying to sell their properties .

Anyone who failed to inform potential buyers of problem neighbours risked having to pay out damages later as well, he said.

Mr Pemberton told today how his nightmare began within days of moving into his terraced property in Foxwood Lane, Foxwood, last May.

He quickly became aware of incessant noise from one of the next-door properties. "There was loud music, shouting, banging, screaming, sometimes until 5.30 am," 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 rowdy behaviour by tenant Diane Lambert and others culminated one night last September in a headline-grabbing incident in which a woman staying at the house was dumped in an armchair out in the street, suffering from burns.

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

The people who had sold him his home, Mr and Mrs Colin King, had filled in a document before selling the home in which they had ticked the "No" box in answer to several questions.

These included: "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?"

Lambert was evicted last month by a judge after York County Court heard families had recorded 74 occasions when the household caused a nuisance through shouting, swearing or loud music. Lambert strongly denied being a nuisance, but Judge Trevor Kent Jones said her behaviour had been intolerable.

Mr and Mrs King appeared as witnesses on behalf of the council at the eviction hearing.

Now Mr Pemberton has received an undisclosed sum in compensation, plus costs, after taking the Kings to the Small Claims Court at York County Court and winning a judgement in his favour.

He told the court he would not have bought the house had he known about the neighbours.

The Kings claimed they had mentioned in conversation with Mr Pemberton that they had had problems with their neighbour.

Mr Pemberton said he bore no ill-feeling towards the Kings, and understood why vendors might be reluctant to disclose problems with neighbours.

The Kings declined to comment.

Hugh Dunsmore-Hardy, chief executive of the National Association of Estate Agents, said this was not the first case of a vendor being successfully sued.

In one instance about three years ago, an elderly person had been sued for £30,000 for failing to disclose about problems with neighbours.

He said some vendors might not realise the significance of the form they were asked to fill in, in which buyers were to be informed of such matters.

He said there was no obligation to fill in the form, but anyone failing to do so ran the risk of buyers' suspicions being aroused, and further checks being carried out by them.

Comment: Page 8

Updated: 11:20 Monday, February 11, 2002