Court Action - Surveyor Japanese Knotweed

daveyjp

Getting rid of knotweed only costs many thousands if you go to a ‘specialist’ who survives by charging thousands to get rid of it!

A few hundred pounds paid to a general landscaper will see off most stands in one year with check visits thereafter. Once under control the householder can treat it.

My approach would be to make a formal complaint to the surveying company explaining why their surveyor has fallen below the standards of the RICS and the advice in the ‘Red Book’, the surveyors ‘Code of Practice’.

Offer them a remedy of a without prejudice settlement for maybe a couple of grand to cover your costs of removal and see what they say.

It will be cheaper than employing lawyers and as chances are their lawyers will be bigger than yours.

Jimmy_Neutron

If you are willing to post the postcode of your property "we" will be able to see the photos the estate agent took at the time the vendor listed the property on the market on Rightmove. You bought the property in November but chances are the photos where taken late summer.

Davesnave

Jimmy_Neutron wrote: »

If you are willing to post the postcode of your property "we" will be able to see the photos the estate agent took at the time the vendor listed the property on the market on Rightmove. You bought the property in November but chances are the photos where taken late summer.

Why can't the OP do that?

Much as I like voyeuristic property !!!!!!, I don't think the OP really needs to share their address on the internet for all time!

Anyway, if the object was concealment, the JK would have been eliminated temporarily before the photography.

Jimmy_Neutron

People on here ask all the time for links to properties to be able to give a more informed opinion.

I asked if the op was "willing" to post the postcode so photos could be viewed of when the property was listed - if they don't want they don't have to no-one is demanding they do so.

If there is no evidence of jkw from the photos as it has been removed but the other vegetation the op mentions in the first post remains I would be suspicious.

Also jnw grows at a rapid pace so wouldn't the vendor be thinking what is this plant growing everywhere and try to find out what it is?

Nobbie1967

daveyjp wrote: »

Getting rid of knotweed only costs many thousands if you go to a ‘specialist’ who survives by charging thousands to get rid of it!

A few hundred pounds paid to a general landscaper will see off most stands in one year with check visits thereafter. Once under control the householder can treat it.

My approach would be to make a formal complaint to the surveying company explaining why their surveyor has fallen below the standards of the RICS and the advice in the ‘Red Book’, the surveyors ‘Code of Practice’.

Offer them a remedy of a without prejudice settlement for maybe a couple of grand to cover your costs of removal and see what they say.

It will be cheaper than employing lawyers and as chances are their lawyers will be bigger than yours.

The only problem with this is when they come to sell the property and are asked about JKW, unless it has been 'professionally' treated, it could cause an issue during the sale as no guarantees will be in place. Many years later they may be able to honestly say there is no JKW, but even a tiny bit of regrowth would have to be declared.

Do they ask if the property has ever had it during your ownership, or only at present?

steampowered

Several posters suggested you go through the surveyor's complaints procedure. That sounds like a waste of time to me.

The only thing you will get through the surveyor's complaints procedure is a stonewall. The surveyor is not going to admit liability or pay compensation through a complaints procedure.

Going to an Ombudsman is also likely to be pointless. Surveyors are regulated by RICS, which is not an Ombudsman and doesn't award compensation. You could try complaining to the Financial Ombudsman Service if you feel that your lender is somehow responsible but this is unlikely.

The key legal question is whether the surveyor owed you a duty of care, or not. Your solicitor will have to advise you on this. You will need to check the survey paperwork to see what it says about this.

I think it could be difficult to prove that the JKW was sufficiently obvious when the surveyor visited such that the surveyor should have noticed it. You'd probably have to have an independent expert appointed to advise the court on this.

43429525

Just thought I'd update you on where I am with this, first of all I did write to the surveyor before engaging solicitors as they denied responsibility, the reason ive not gone through the Ombudsmen after going through their complaints process is that the damage exceeds the threshold for the Ombudsmen.

The surveyor had an independent review done themselves and the report confirmed the JKW should have been observed and reported and not overlooked, so now I'm hoping it's just a case of settlement although they have yet to accept they are at fault despite their own independent report.

first of

moneyistooshorttomention

Good luck.

You're fighting on behalf of a lot of other people too - so fingers crossed you win.

Davesnave

moneyistooshorttomention wrote: »

Good luck.

You're fighting on behalf of a lot of other people too - so fingers crossed you win.

I would think every case is judged on its merits. By the sound of it, there's no doubt that a duty of care exists, but that has to be tempered by circumstances.

If a small quantity of JKW existed in a remote corner of a 1/4 acre garden, and the survey took place in January, that would be a different scenario from the one described, probably with a different outcome.

sevenhills

43429525 wrote: »

I instructed a Homebuyers report. The 2nd tier of the 3 reports, the cost was just shy of £450.00. This report was undertaken November a month where Knotweed doesnt grow and is in it's dead state.

Japanese knotweed growth is usually at its most prolific from April to October, but mild winters and warm damp summers in recent years have seen the growing season extended. - Google

Is it dead by November?