Are you selling your house? Japanese knotweed affects 1 in 20 properties in the UK. So, when The Law Society ask you to fill out the Ta6 form version 4 because you are selling your property be very careful about answering the question on Japanese knotweed!
Why? I here you ask, because Japanese knotweed on average depreciates a house by 10%. That is the equivalent of £23,185 for people not filling out the Ta6 form correctly. In some instances, you can sue others for misrepresentation. Often, in excess of £30,000 and no one wants to lose that much money.
The rather innocuous question is, “Is the property affected by Japanese knotweed?” However, the majority of people will say ‘No’ as a reflex answer. Although, with 5% of properties in the U.K. affected by this plant, there is a real risk that your most valuable asset is affected by Japanese knotweed.
The guidance notes which are rarely shared by the vendor’s solicitor, shed significant clarification on which box to tick. Yes, No, or Unknown.
If you select ‘Yes’, then you should provide a Management plan to the purchaser’s solicitor. Alongside this, you’ll need a 10-year insurance backed guarantee and proof that the Treatment plan is or has been implemented.
In contrast, if you select ‘No’, then the guidance notes say you must be ‘certain, that there is no Japanese knotweed rhizome present in the ground or within three metres of the property boundary.’ Therefore, this puts the earnest on the vendor to ensure they are accurate when filling in the Ta6. Also, it opens them up for misrepresentation if, even not intentionally, they fill out the form inaccurately.
On the other hand, the guidance notes for ‘Not known’ say, “The seller should state whether the property is affected by Japanese knotweed. If you are unsure that Japanese knotweed exists above or below ground or whether it has previously been managed on the property, please indicate this as ‘Not known’.” The information is very clear, and it would be advisable to follow this guidance not only for peace of mind but also to mitigate further legal action.
If the vendor received advise properly, we feel the majority will mark the box ‘Not known,’. Furthermore, this is as this passes the risk to the purchaser. In turn we would recommend the purchaser insists on a Japanese knotweed survey carried out by a PCA qualified surveyor. Which, ensures the Japanese knotweed does not affect your property.
In summary, whether you need some advice or would like to arrange your site survey, we will be happy to help.
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