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Japanese Knotweed

Hi everyone!

This is my very first post and apologises if I've posted this in the wrong section but I need a little bit of help!

I got the keys to my very first property in the Autumn of last year. It's a lovely house, I got a good price on it, it appeared to not need anything major doing on it and the survey came back absolutely fine. The garden I really liked and it had lovely decking and thought great, as well as a beautiful house, I have a really pretty garden. Winner.

The survey was conducted back in August 2017 and there was no mention of Japanese Knotweed in the garden. I've just gone back through my home buyers report and there is no mention of Knotweed anywhere.


As of today, I have a very angry looking Japanese Knotweed which is close to my height (5ft 7in) at the back of my garden. There are also little sprouts of knotweed in my lawn and we have some knotweed appearing from my decking. There is clearly a knotweed problem in my garden. Luckily, I was proactive over the last bank holiday and contacted a few people and I have a PCA accredited chap coming out to start my treatment plan in the coming weeks.

I am quite gutted. Not just because I have to fork out money to get this treated and it doesn't come cheap, but due to the fact that it is pretty obvious that the seller of the property blatantly lied. I'm naive in thinking that everyone is honest however when it comes to money and buying/selling, it is obvious that this is not the case with everyone. The PCA knotweed man as well as other people who came to give us quotes said that decking is a very common 'quick fix' to try and prevent Japanese Knotweed from growing.

I spoke to my neighbour this afternoon explaining that the treatment plan was due to start soon (the plants are close to his side of the fence) and he explained to me that the knotweed that is currently in his garden was due to the knotweed from my garden spreading (this was prior to me buying the property). He even approached the seller of the property whilst he was working on getting the house ready to sell to explain that knotweed had spread into his garden and he refused to treat it. My neighbour went on to explain that there was a big knotweed problem in my garden that the seller was well aware about. My neighbour also went as far to tell me that he approached the person who conducted the survey to advise that there was knotweed in the garden and he dismissed this. I was really gutted to hear this and my neighbour said that he would back me up all the way if I wanted to take things further.

From a practical point of view, the knotweed will be treated and it is being done by an accredited person.

From a legal point of view, would I be able to pursue this further? Would there be any point in me doing so? During my reasearch, I did find that there is a form that sellers have to complete declaring whether or not there is knotweed on the property?

I'm trying not to let this get me down as I absolutely love the house however I'm now more annoyed than upset at the fact the seller blatantly lied about something so serious.

Greatly appreciate any help! I'll look forward to reading the replies.

M :jx
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Comments

  • HampshireH
    HampshireH Posts: 4,852 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Did you ask the question?

    Why don't you ask your solicitor to review the info on the form you refer to
  • anselld
    anselld Posts: 8,597 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Find out if they lied on the enquiries. If so make a claim via the Courts for the cost of the treatment plan.
  • HampshireH
    HampshireH Posts: 4,852 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Should be page 10 of 16 on the TA6 form

    You should have been given a copy
  • Mimi90
    Mimi90 Posts: 4 Newbie
    I'm literally about to go through all my documents from the purchase of the house to find this document.

    Something so simple that I forgot to do!
  • Bass_9
    Bass_9 Posts: 151 Forumite
    If it was on the form as a 'no', contact the solicitor who dealt with your sale for advice. You could also potentially ask the neighbour if they would be willing to write and sign a statement explaining what has happened, but wait until you speak with your solicitor first.
  • Mimi90
    Mimi90 Posts: 4 Newbie
    Ok great thank you. I've looked through all the documentation and I can't seem to find that form. I'll double check later but I will get in touch with my solicitor tomorrow as they should have a copy on file.
  • eddddy
    eddddy Posts: 17,803 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Mimi90 wrote: »
    Ok great thank you. I've looked through all the documentation and I can't seem to find that form. I'll double check later but I will get in touch with my solicitor tomorrow as they should have a copy on file.

    The form you're looking for might look like this (but it might not):

    100266520.png

    If it is this version of the form, question 7.8 is about Japanese Knotweed.

    declaring-jk.jpg
  • deFoix
    deFoix Posts: 213 Forumite
    Seventh Anniversary 100 Posts Combo Breaker
    How many stems of knotweed do you actually have? DO NOT waste your money on a knotweed “management plan”. Instead buy some Roundup Tree Stump & Root Killer (concentrate glyphosate). Wait until end of August / early September and follow the instructions (spray the leaves both sides with the correct %solution or stem inject). Repeat every year (it might take 3 seasons to kill it all). Then you can thank me for saving you $$$.

    Detection is 90% of the issue. Getting rid of it is actually not difficult if you are a person that can follow very basic instructions and be a bit patient.

    Do not cut it back while the shoots are green.
  • Mimi90
    Mimi90 Posts: 4 Newbie
    Thanks for that Boler1985.

    Everyone, I just came across the TA6 form, he's ticked no. He's lied. :(
  • Rambosmum
    Rambosmum Posts: 2,447 Forumite
    Part of the Furniture 1,000 Posts
    edited 23 May 2018 at 10:06AM
    Mimi90 wrote: »
    Thanks for that Boler1985.

    Everyone, I just came across the TA6 form, he's ticked no. He's lied. :(



    In some ways that's good, as it means it wasn't an oversight by you and you therefore have recourse.


    Go back to your solicitor. Point them to that bit of the form and what you have found - also forward them the quote from the treatment company and take it from there.


    We had the same issue. I didn't pursue it though as I didn't feel it was worth it over £500.
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