Japanese Knotweed

hazyjo

https://propertyindustryeye.com/japanese-knotweed-might-not-be-scourge-that-home-owners-and-estate-agents-dread/

https://environetuk.com/blog/5-key-facts-Estate-Agents-should-know-about-Japanese-knotweed

I was told it by an estate agent when I rang to view a property which had come back onto the market.

Haven't noticed it in ads but I rarely get as far as the full description these days.

Any EAs out there able to clarify the current rules and regs? These are just a couple of (perhaps unreliable) links off the net.

SouthLondonUser

@hazyjo, you are right that estate agents must now disclose material information etc etc.

But, for Japanese knotweed, there is already a very specific disclosure requirement on the seller because the property information form (the TA6 form mentioned in your 2nd link) has a specific question on that.

What I understand is that, for example, if previous offers were withdrawn because a survey found asbestos or something like that, then the estate agent should tell buyers. Exactly when and how, I honestly do not know.

hazyjo

SouthLondonUser said:

...What I understand is that, for example, if previous offers were withdrawn because a survey found asbestos or something like that, then the estate agent should tell buyers. Exactly when and how, I honestly do not know.

Pretty sure that does include JK though. Hopefully someone can clarify. Only going by what I was told

GDB2222

All agents have to belong to an ombudsman scheme, and The Property Ombudsman Scheme is one such. In practice, agents belonging to this scheme need to follow the guidance provided, whether it’s  law or not.

Para 7i of the code of practice states pretty much what Hazy was saying.
https://www.tpos.co.uk/images/Codes_2019_a5/TPOE27-8_Code_of_Practice_for_Residential_Estate_Agents_A5_-_Effective_1_June_2019.pdf

SouthLondonUser

And if they don't, what is your recourse against them, in practice?

A few years ago being part of an ombudsman scheme was voluntary. Has this changed and is it now compulsory?

These and other forums are full of stories of people who have found these ombudsman schemes to be quite useless

GDB2222

It's compulsory. 
I complained to TPOS on one occasion, and they were pretty helpful. 

Sinay99

I've had a bid accepted for a place in London and been informed by my solicitor that the place had Japanese knotweed in 2014.  I contacted the estate agent and he was aware of it already and she told me it had been eradicated.  I've asked for some proof of the treatment plan and the certificate it had been sorted, and she sent over some documents, but there was no certificate - just a letter saying it had been done from the JK eradication service and that they will need to come back in a year to give a final application and then issue a certificate.  I'm starting to wonder if they didn't actually complete the treatment.  The property was nice, but it's very concerning.

BikingBud

SouthLondonUser said:

@hazyjo, you are right that estate agents must now disclose material information etc etc.

But, for Japanese knotweed, there is already a very specific disclosure requirement on the seller because the property information form (the TA6 form mentioned in your 2nd link) has a specific question on that.

What I understand is that, for example, if previous offers were withdrawn because a survey found asbestos or something like that, then the estate agent should tell buyers. Exactly when and how, I honestly do not know.

Yet another reason for the TA6 to be available when viewing not after wards.

Getting the information 4-6 weeks into a transaction helps no-one. 

Full disclosure from the outset saves everybody time and wasted effort. 

Navigator22

Only read this post today but I would not buy a house near JK because it will involve extra costs to erradicate. Even if you do treat it and get rid of it on your land a neighbour may not and it will reinfest your property.

elsien

This is a three-year-old necropost before anyone replies to it.