TA6 Form - Misrepresentation

Davesnave

G_M wrote: »

A further point: the new 2015 regulations require :
If this was not done, then the claimant's case would surely be strengthened.

I'm not sure that these regs apply to the OP's property, because it's a cesspit, so no discharge is taking place (hopefully!)

davidmcn

G_M wrote: »

A further point: the new 2015 regulations require :
If this was not done, then the claimant's case would surely be strengthened.

Or weakened, given the lack of such notice could have been construed as another clue that it isn't a septic tank.

AdrianC

Eddymurphy wrote: »

I have recently purchased and moved in a property that has private drainage. The TA6 form that was filled out by the vendor specifically states that the drainage system is a septic tank, which I am more than happy with living in a rural area.

The problem we have is after living in the property for 3 months, we have been told after an inspection due to it needing to be emptied at the cost of £700, that it is actually a cesspool that holds 5000 gallons.

The 3 monthly bill of £700 will cripple us financially and we have no idea how the previous owner has managed to afford it. We were never told of this and feel that we have been miss sold something that it clearly isn’t, as a normal septic tank only needs emptying annually at the price of around £150.

Let's say an annual difference of £2,600. It's far from trivial, but I think "cripple us financially" and "no idea how (they) managed to afford it" might be just a tad melodramatic.

After studying local drainage maps, it seems due to surface water run off drains around the property we would be unable to fit a septic tank because of the effluent contaminating it.

So there y'go. Now you know why it's a cesspit not a septic tank... Those local maps would have been available as part of the searches?

Therefore we would need a water treatment plant fitted at the cost of between £10-12,000.

So payback period 4-5yrs. Sounds like a very worthwhile investment.

I know it's not where you want to be, but facing a surprise £10k bill on a newly-purchased property is really not that rare - and as G_M says, your chances of getting anywhere legally are not particularly high.

Can you claim the ongoing cost of emptying for ever after? Of course not. Not with such a short payback period on upgrading.

Can you claim the cost of installation? Probably not. After all, if there was a tank, it might have been an ancient knackered one that'd really benefit from being replaced at some point anyway. <glares at own front garden>
Realistically, your absolute best is to claim the provable difference in value between your property with a pit and your property with a tank of unknown age, type and condition. What is that...? Time to speak to surveyors and valuers. But I doubt it's that much.

If they told you it was emptied "twice a year" rather than four times, perhaps they just used a lot less water than you? And did you ask who's been emptying it, if you're getting a quote of 7x as much as their figure?

System

The cost annually would be £2800, this quite a significant cost considering myself and my partner are both on an ‘average’ incomes adrianC.

From research I have gathered - New 2020 regulation regarding new installation of septic tanks states; they cannot discharge directly into surface water drains. An old system that has a leech field or soak away is permissible if ‘near’ a surface water drain. This is why a water treatment plant would need to be fitted to meet the new standard.

The drawings of the drainage system that were passed to us clearly state “septic tank with an area of ground designated as “soakaway.” The question is why would of I had to study the local maps to locate a surface water drain before hand, knowing I was purchasing a septic tank that what built to previous regulation?

Realistically I’m not looking to make a claim for the ongoing cost of the emptying of the tank. That’s quite frankly laughable. A contribution to fitting a new system would be ideal.

Thanks again all!

AdrianC

Yes, but against that £2,800 you need to offset the saving of not emptying the septic tank. Hence £2,600/year saving.

Yes, it's a significant cost, as is the £10k installation. Nobody is saying otherwise. I'm just saying that "crippling" is probably hyperbole...

DaftyDuck

How sure are you that your inspection telling you it is a cesspit is correct? With no other reason to disbelieve the vendor until that, I'd be inclined to question the view and qualifications of an expert with a commercial interest in the answer.

Not only that, the drawings show a drainage field. Given that, if the plans are wrong, I'd be inclined to make sure the plans were made correct by a suitable workman, or DIY (done very correctly indeed)... It would be the cheapest option.