WITHOUT THE DRAMA
JAPANESE KNOTWEED AND THE TA6 PROPERTY INFORMATION FORM.
NOT COMPLETING THE TA6 FORM CORRECTLY AND TRUTHFULLY CAN RESULT IN LEGAL ACTION AND COMPENSATION CLAIMS. IF YOU’RE SELLING YOUR PROPERTY, YOU’RE LEGALLY OBLIGED TO ADMIT THE PRESENCE OF JAPANESE KNOTWEED.
SO, WHAT DOES IT ALL MEAN?
There was recently an update to the TA6 form (February 2020). The new guidance is issued by the Law Society. The update come about after numerous recommendations were made by The House of Commons Select Committee on Japanese knotweed. The new update now states: “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 new guidance continues to then stipulate: “If ‘No’ is chosen as the answer, the seller must be certain that no rhizome (root) is present in the ground of the property, or within three metres of the property boundary, even if there are no visible signs above ground.”
AS A HOMEBUYER, HOW CAN I ENSURE NO JAPANESE KNOTWEED IS PRESENT?
The TA6 form’s question regarding Japanese knotweed is as follows:
Is the property affected by Japanese knotweed?
There are 3 answers that sellers can choose – they are:
- Not known
Although ticking a box is straightforward, there’s one particular answer that you should watch out for: ‘NOT KNOWN‘. We can’t recommend highly enough, that you insist on or organise for a Japanese Knotweed Survey to be carried out on the property before purchasing.
By choosing ‘Not known’, they are essentially shifting the onus and liability from themselves and onto you. For example, lets say that unknown to you, knotweed had been present there but was dormant and started growing the year after, you would be liable for the Japanese Knotweed removal costs and these costs can vary widely (from £1500 – £20,000+) depending on what treatment plan you require. Having a survey, protects you against this and gives you complete confidence and peace of mind.
CALL US NOW TO ARRANGE A KNOTWEED SURVEY
I’M SELLING MY HOUSE – WHAT SHOULD I DO?
Firstly, if you choose to tick ‘no’ on the form, when in-fact, Japanese knotweed is present – you could be hit with litigation costs spiraling to in-excess of £30,000.
The safest option is to pay for a low cost Japanese Knotweed Survey to ensure that you have no Japanese knotweed present or within 3 metres of the boundaries.
This will in turn, protect you from future litigation and ensure the sale of your house completes quickly and without hiccup.