A couple who were sued after they failed to tell a house-buyer of their noisy neighbour said tonight that they never intended to mislead the new owner.

Colin and Gladys King had to pay compensation to Tony Pemberton following a hearing at York County Court.

The Kings had signed a form saying they had not had problems with the neighbours in Foxwood Lane, York.

But Mr Pemberton later discovered they had made several complaints against one neighbour, a council tenant, who was eventually evicted in January this year.

The Kings said there had never been any intention of keeping the problems from Mr Pemberton.

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 their neighbour's behaviour secret.

Mr King, 57, claimed the council could have done more to help their plight.

He said: "We have been made responsible for other people's behaviour, that is not right.

"I feel let down by York City Council. They just issue anti-social behaviour orders and allow them (tenants) to carry on as normal

"The council knew about this woman for a long time. In two years' time she could be back in another house causing the same problems."

"We had lived in that house for 20 years quite peacefully. This could happen to anybody."

Mr King said he warned Mr Pemberton of the noisy neighbour when he came to view his £59,000 house.

"I told him verbally that we had got a problem with the neighbour. He came to the house and spent 15 minutes here."

Following the case the Kings, who moved to another part of York, were made to pay an undisclosed amount to Mr Pemberton for causing sleepless nights.

Mr Pemberton claimed he was regularly disturbed by loud music, shouting and banging coming from next door.

Experts today warned the case should act as a "salutary warning" to property sellers.

Hugh Dunsmore-Hardy, chief executive of the National Association of Estate Agents, said: "Buyers who believe they have not had entirely truthful answers may now look to see if there is legal redress."

Mr Dunsmore-Hardy said the ruling could trigger a spate of similar cases.

"The whole question of neighbours from hell has become more of an issue since the start of TV documentaries into the issue."

But he said sellers are not obliged to complete forms about their neighbours.

"There's not really much we can do about who we live next door to. And even if we get on with the neighbours when we first move in, they may move out and difficult people move in."

Updated : 19:18, 12/02/02