Japanese Knotweed at purchased house

Laura_a

Hello,

I'm looking for some advise please. We recently (approximately 1 month ago) completed the purchase of our first house. We noticed several plants sprouting quickly at the back of our garden and via a conversation with our neighbour today, found out that it is Japanese Knotweed. We had a Homebuyers survey and this wasn't flagged. On the 'Property Information Form', the sellers said 'No' to the question regarding if the property is affected by Knotweed. Our neighbour said they have knotweed in their garden and had told the sellers what it was. We were told the seller used to just cut the plants and made them spread. This isn't the first issue we've had issues so I'm quite annoyed. As we're first time buyers, we don't have a lot of spare money but we're wondering if there was anything we could do about this? Surely the sellers are liable for this?

Thank you.

Dedre

My limited understanding is that you will have to prove they were aware of the issue and knowingly misled you on the form. I wouldn't expect a homebuyers report to pick it up as:

1. They're not that detailed surveys
2. Knotweed is hard to spot outside of growing season and I expect your vendor (if they did know about it) was actively trying to keep it trimmed and not visible.

Knotweed is a pain but you can live with it. Have a look at some of the guidance notes on it and providing it's managed (pretty much impossible to get rid of completely) it shouldn't damage your house. It will hit value though!

Bettie

I was told by my solicitor that if I didn't know for sure what knotweed looked like then best to put 'I don't know' on the form or I would be liable.

hazyjo

Does the neighbour have a treatment plan in place? I'd be as concerned about that! AFAIK, they're legally bound to prevent it spreading. Not that you can prove where it started...

I would be speaking with my solicitor in light of the neighbour saying the vendors knew what it was.

moneyistooshorttomention

From the tone of the neighbours response - I would say it's likely "your house" had it first and then spread it to the neighbours. If so - the neighbours are likely to be only too glad to "dob in" your vendor for having done that to them - and so would probably be prepared to give you a written statement saying words to effect of "We have JK in our garden. It's been there since x date and is here because it spread in from next door garden (ie your vendor). We told neighbour (your vendor) what it was on x date and requested them to deal with. They didn't deal with it and subsequently just cut it down at intervals and the last time they cut it down was (eg 1 month before they put your house on the market for sale)".

So I'd say your plan of action is:
a. Get a suitable written statement from the neighbours of what your vendor did to them (ie spread JK into their garden) - with some sort of timescale on it and details of the neighbours requests to your vendor to deal with it.
b. Arrange a joint treatment plan with your neighbours (neither of you is likely to be able to get rid of your JK unless the neighbour co-operates and does it at the same time) and it would probably save you both money to have the firm out to deal with this at the same time.
c. Check with other neighbours - to see if it's spread to them (including giving appropriate reassurance that you're on the case).
d. Tell your solicitor what action you've taken (eg getting that statement from the neighbours that your vendor definitely did know) and asking where you go from here legally to get compensation from your vendor for this.

Davesnave

The neighbour's evidence that the JK was known-about might suddenly prove less firm if you initiated a claim against the vendor. People don't usually relish being involved in others' legal arguments.

There's also the question of where the plant originated and a distinct possibility that other neighbours may have it too, so you should tread carefully.

By all means consult your solicitor, but understand that the best solution in the long run is eradication, which is not impossible at all, even DIY, but much harder to achieve if a number of other gardens and individuals are involved. Cultivation of good relationships with other residents will therefore be most important in achieving a good outcome.

Your surveyor isn't someone to chase, as their inspection was probably done a couple of months ago when the plant would have been inactive/easy to conceal and you only had a Homebuyer's Report.

moneyistooshorttomention

Definitely - go for cultivation of good relationships with neighbours all round.

But personally - I know I'd be only too glad to join a new neighbour in "batting one" any old neighbour that had inflicted JK on me. The only proviso would be that none of my own money was at risk from "new neighbour" chasing "old neighbour" - but, in all other respects, I'd be there cheering "new neighbour" on and taking a grandstand seat to watch them get their come-uppance for what they'd done to me.

daveyjp

Use your energy getting rid of it, although raising a complaint will only cost a stamp.

You do need to wait until it is fully grown. Treat every couple of weeks in late July, August and September.

Bass_9

Was the plant present in the EA photos? I'm not saying you should have spotted it and recognised what it was, but if it's clearly there then I think it's reasonable that the surveyor should have flagged it up. Of course the vendor could have cut it back between photos and survey, but that would suggest the vendor was potentially trying to deliberately conceal it.

Take photos of the plant as it is and don't touch it for now. Contact your solicitor asap for advice as they will know the best way to approach this and the likelihood of getting a 'result'. I find it hard to believe you wouldn't have a case to pursue with one of the vendor or surveyor given what you've said. Even if it may be difficult to prove then so what? You can only try, as regardless of the expense of eradication (which is achievable), this reduces the salability of the house in the future. Like I say your solicitor is your best advisor for this.

I'm sorry to hear you're in this situation OP but good luck with it.

Davesnave

moneyistooshorttomention wrote: »

Definitely - go for cultivation of good relationships with neighbours all round.

But personally - I know I'd be only too glad to join a new neighbour in "batting one" any old neighbour that had inflicted JK on me. The only proviso would be that none of my own money was at risk from "new neighbour" chasing "old neighbour" - but, in all other respects, I'd be there cheering "new neighbour" on and taking a grandstand seat to watch them get their come-uppance for what they'd done to me.

You've assumed that the neighbour was telling the truth, but in my limited experience, several versions of local history may exist.

They had the chance to deal with this alleged spread of JK ages ago, and didn't.

To reiterate what daveyjp said, don't cut the plant back now, because treatment depends on having a good surface area to treat. You have several months to assess the neighbours, the local spread of the plant and get a strategy together for dealing with it.

Davesnave

Bass_9 wrote: »

.....this reduces the salability of the house in the future.

Not necessarily.

The TA6 form uses the present tense to ask if JK affects the property, not whether it existed in the past.