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Legal, pensions and money

Japanese knotweed and selling a house

(35 Posts)
Sapphire24 Mon 24-Apr-23 19:57:29

Do any of our members know the legalities of declaring Japanese knotweed, when selling a house?
My son is in the process of buying a house, having paid out some money already and received the various forms relating to the property. It states on the TA6 form that the property is affected by Japanese knotweed. Shouldn't it have been declared before now or picked up on the home buyers survey which he paid for?
He will be speaking with his solicitor, but I just wondered if anyone had any experience of this situation? Thanks in advance.

Romola Wed 26-Apr-23 20:48:12

We also had knotweed at the bottom of our last garden, as did our neighbour. We and they got rid of it by going out EVERY morning and pulling out or cutting down EVERY new shoot. It did succumb after a few months and did not reappear.

Germanshepherdsmum Wed 26-Apr-23 16:54:30

Insurance is only ever as good as the provider and for a fixed time. I wouldn’t touch a property with JK.

Annie29 Wed 26-Apr-23 16:52:17

My son was refused a mortgage on a property with Japanese knotweed.
I would walk away from the property

5553n Wed 26-Apr-23 14:58:40

My son bought a flat with Japanese Knotweed then sold it a few years later having taken out JK insurance. The fact he had insurance didn't deter the new purchasers. Good luck it's very prevalent in parts of S London.

missdeke Wed 26-Apr-23 12:41:01

From Environet.

knotweed?
The presence of Japanese knotweed on a property is specifically classed as a “material fact”, under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008, meaning there is a legal requirement on estate agents to make prospective buyers aware of Japanese knotweed.
Estate agents are not, however responsible for looking for, or identifying Japanese knotweed on a property they have been contracted to sell.
We believe that all estate agents should be able to recognise Japanese knotweed and provide sound advice to their clients. Early detection and treatment, including an Insurance Backed Guarantee will reduce the chance of a sale falling through later down the line.

Germanshepherdsmum Wed 26-Apr-23 12:17:11

Katie59

Most buyers won’t pay for a full survey so what they get is a report with so many caveats, it’s meaningless, often highlighting work that does not need doing, instead of investigating further.

So true. Then they encounter problems later which a more expensive survey would have shown up. Spoiling the ship for a ha’porth of tar.

M0nica Wed 26-Apr-23 12:14:41

Getting the elecricity compan to get rid of it is one thing, if it is coming from waste land or the land of a private indivdual, who may not be able to afford a good contractor, or any contractor at all, is another matter and, personally, I would not touch a house with JKW.

sandelf Wed 26-Apr-23 12:04:58

www.unbiased.co.uk/news/mortgages/the-truth-about-japanese-knotweed#:~:text=AECOM's%20principal%20ecologist%2C%20the%20aptly,'

MaizieD Wed 26-Apr-23 11:33:35

If you need a professional to eradicate it, cc it is not a negligible problem. It's a serious one. People are right to be 'obsessed' by it.

cc Wed 26-Apr-23 11:26:11

loopyloo

I have met up with knotweed a couple of times but not in a house we had bought.
Firstly you only see it between April and October as the rest of the year it dies down.
You can control it with weedkiller,glyphosate see RHS.
also you can get professional controllers and take out contract for? 10 years.
If I really wanted the house would use it to bring down the price, and then keep it under control.
Not worth panicking about really.

We found knotweed in our last garden, it was growing through from the electrical sub-station next door. We notified the elecricity board and they got a professional contractor in to deal with it, it never reappeared.
I think that people get obsessed, it's possible eradicate it but I guess it would be harder if it had got a real hold on a garden. However in that case it would be visibly very obvious.

GoldenAge Wed 26-Apr-23 11:17:30

When selling a house you have to complete a form which is provided by the solicitor handling the conveyance and on that form there is a question about Japanese knotweed. However, it asks whether there has been any incidence of this and gives the opportunity to say Don't Know as well as Yes or No. Your son should ask hq1is solicitor who will be in receipt of that form what it actually says on it. If it says that there has been an incidence and the solicitor didn't alert him to it before moving forward then the solicitor is at fault. If the vendor didn't declare that there had been work done at the property for this but it now emerges that there has then the vendor can be sued.

Katie59 Wed 26-Apr-23 11:10:46

Most buyers won’t pay for a full survey so what they get is a report with so many caveats, it’s meaningless, often highlighting work that does not need doing, instead of investigating further.

loopyloo Wed 26-Apr-23 09:56:21

Well, yes it is fireproof, grows round volcanoes in Japan.
And yes getting it professionally dealt with is best. They are allowed to use stronger weedkiller and use it at the best time of year. July August so it gets taken back into the roots.

MaizieD Wed 26-Apr-23 09:37:14

loopyloo

I have met up with knotweed a couple of times but not in a house we had bought.
Firstly you only see it between April and October as the rest of the year it dies down.
You can control it with weedkiller,glyphosate see RHS.
also you can get professional controllers and take out contract for? 10 years.
If I really wanted the house would use it to bring down the price, and then keep it under control.
Not worth panicking about really.

I don't care what the RHS says, you can't control it with weedkiller, it laughs at it.

A place I volunteered at had a largish patch in its grounds. It was weed killered, burnt, had diesel poured down its stems, bonfires built on top of it... it took about 6 years to eradicate it... It is truly evil stuff and spreads very easily.

I wouldn't touch a house if the knotweed was in a place where I couldn't get it professionally removed. If it is accessible for removal I would ask for a price reduction to cover the cost of having it professionally done.

PS apparently you can eat the young shoots...

Hetty58 Wed 26-Apr-23 09:34:31

A factory/workshop near here was converted into flats - along with parking and a communal garden. I honestly thought that it must be some underground parking, below garden level - or a massive swimming pool being constructed. Large lorry loads of earth were taken away, day after day, as they dug down.

Eventually, the whole area was lined with some blue material and then it was being filled in with gravel and new earth. I asked a workman what they were doing - 'Japanese Knotweed' he replied.

Germanshepherdsmum Wed 26-Apr-23 09:14:40

It certainly is worth panicking about. Try selling your house to some who needs a mortgage if you have JK. I have never bought a house without considering how easy it would be to sell.

loopyloo Wed 26-Apr-23 09:08:46

I have met up with knotweed a couple of times but not in a house we had bought.
Firstly you only see it between April and October as the rest of the year it dies down.
You can control it with weedkiller,glyphosate see RHS.
also you can get professional controllers and take out contract for? 10 years.
If I really wanted the house would use it to bring down the price, and then keep it under control.
Not worth panicking about really.

M0nica Wed 26-Apr-23 08:43:20

DH is a marine surveyor and has found these skills transferrable! We are also old house renovators and like Karmalady we commission detailed surveys, when we are uneasy.

We once commissioned a partial structural survey when a house we were looking at was being sold with a known structural problem. After the survey we proceeded to offer for it because we had the measure of the problem. Unfortunately we were outbid. Another we commissioned a full survey on because we could see a lot of problems, but had a feeling that there were many other, possibly expensive, problems. The survey proved that our gut feeling was right and we backed away.

Our current house we looked round and were confident there was nothing wrong with it, beyond the surface, so didn't get any survey beyond the compulsory Home Buyer's Survey. We were right, we have lived here 26 years without any major problem, which considering that the house is 450 years old, is pretty good.

karmalady Tue 25-Apr-23 08:22:56

I lost a couple of thousand on a house purchase. I paid for a top level survey and also started the solicitor process but it was money very well spent and in hindsight has saved me very much more. There were several things on that survey that I had never noticed and which would not have been flagged up by a basic survey. Japanese knotweed was not not there but had it been, even if the only red flag, I would have pulled out.

Susie42 Tue 25-Apr-23 08:15:36

As others have said a house buyer's survey is just to to confirm the value of the property. We were advised to have a full building survey once our offer had been accepted which we did and the building society did not charge for their survey as we let them have sight of our independent survey.

Sapphire24 Tue 25-Apr-23 02:59:51

Thankyou all for your comments. I don't know anything about where the knotweed is, other than its stated on the TA6 form. My husband and I went for an external view of the property some weeks ago and didn't spot anything untoward, except a large tree and whether the roots could affect the drains. I just feel a bit annoyed that my son has paid out already on searches etc and it's only come to light now about the knotweed. My son is having a mortgage, which could now be in jeopardy due to the knotweed. I'll report back when he's spoken to his solicitor. Thanks to everyone so far, you've been a big help. 😊

Germanshepherdsmum Mon 24-Apr-23 21:57:50

It entirely comes down to the level of survey you commission. The Home Buyer’s Report is the cheapest and least comprehensive. The report will explain its parameters.

Fleurpepper Mon 24-Apr-23 21:52:57

RICS qualified surveyors are trained to recognise Japanese knotweed and should report on it.

Fleurpepper Mon 24-Apr-23 21:51:01

Perhaps Sapphire could clairfy where the knotweed is present, and if close enough to affect house or other building's foundation, pipework, etc. The buyer could easily say that the cost of removal has to be quoted for, and taken off the agreed price.

Germanshepherdsmum Mon 24-Apr-23 21:50:14

MOnica is correct - a home buyer’s report, the cheapest form of survey, does not extend to the garden. A more comprehensive survey would have done so. The sellers declared the problem when they had to - they were under no obligation to do so earlier. The JK will have to be professionally removed but it may emanate from adjoining premises and return. Obtaining a mortgage may be difficult. Personally, I would walk away.