Why accuracy matters for sellers and buyers
Japanese knotweed remains one of the most problematic issues in residential conveyancing. Its presence – or suspected presence – can significantly affect a property’s value, mortgageability and marketability. In this guest blog Roach Pittis explains why for both sellers and buyers, accurate disclosure and proper investigation are essential, particularly when completing or relying upon the TA6 Property Information Form.
Japanese knotweed is known for its aggressive growth and ability to cause damage to buildings, hard landscaping and drains. It can be difficult for the untrained eye to identify, particularly outside peak growing seasons. Many sellers mistakenly assume that knotweed will only be obvious if it’s large or close to a building, when in fact even dormant or neighbouring growth can be relevant.
Because of this uncertainty, knotweed identification should never be based on guesswork.
The TA6 form: A critical document
The TA6 Property Information Form is part of the contract package in most residential sales. It includes a specific question asking whether the property is affected by Japanese knotweed. Sellers are required to answer honestly and accurately based on their knowledge.
A common and costly mistake is a seller answering “No” without proper investigation, or failing to disclose historical treatment. An incorrect response – even if not deliberately misleading – can lead to allegations of misrepresentation after completion. Claims may include the cost of treatment, diminution in value, or in serious cases, rescission of the contract.
From a legal perspective, the importance of the TA6 cannot be overstated: buyers are entitled to rely on it when deciding whether to proceed and on what terms.
Why commissioning a Japanese knotweed expert is essential
If a seller is unsure whether knotweed is present, the safest course of action is to instruct a Japanese knotweed specialist surveyor. An expert inspection provides clarity, protects the seller from future disputes, and allows any issues to be addressed transparently before marketing.
For buyers, commissioning a knotweed survey is equally important, particularly if there are warning signs such as dense vegetation, previous treatment plans, or lender conditions. Mortgage lenders frequently require professional confirmation and an insurance-backed treatment plan before releasing funds.
An expert report can confirm whether Japanese knotweed is present, the extent and risk category, whether treatment is required or ongoing, and compliance with lender and insurer requirements.
The legal risks of getting it wrong
Failure to correctly declare Japanese knotweed remains a growing source of post-completion disputes. Courts have shown a willingness to hold sellers liable where incorrect information in the TA6 has influenced a buyer’s decision.
For sellers, early expert advice reduces the risk of claims long after completion. For buyers, proper due diligence avoids unexpected costs and stress once you own the property.
Final thoughts
If Japanese knotweed is affecting a property it can lead to serious legal consequences. Whether you are selling or buying, honesty, accuracy and expert input are key. If there is any doubt at all, commissioning a qualified Japanese knotweed expert is not just sensible – it is essential.
If you require legal advice in relation to Japanese knotweed, misrepresentation claims or ongoing disputes, find out how you can get the help you need below.