PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Court Action - Surveyor Japanese Knotweed

24

Comments

  • Lucky_Duck_2
    Lucky_Duck_2 Posts: 271 Forumite
    Photogenic First Post Combo Breaker First Anniversary
    moneyistooshorttomention wrote: »
    If it does turn out that the only surveyor obligation is to the mortgage company in this case - then I would have thought said mortgage company would want to protect "their asset" that this mortgage is secured on. A house with JK is worth less than one without JK and maybe said house would be worth less than they loaned you and that wouldnt provide that company with as much "security" as they thought they had in it iyswim.

    They might not be very happy at that surveyor having assured them house was worth, say, £120k - so they lent you £100k on that basis. Cue for JK being found and maybe that house is only really worth £80k and they've lent £20k there is no equity backing for.

    Regardless of who directly paid for the survey the surveyor owes a duty of care to the purchaser
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    Lucky_Duck wrote: »
    Regardless of who directly paid for the survey the surveyor owes a duty of care to the purchaser
    Indeed, who pays for it isn't necessarily an indicator of who the report is addressed to e.g. in Scotland, Home Reports include a survey instructed and paid for by the seller, but purchasers and their lenders are entitled to rely on it.
  • 43429525
    43429525 Posts: 3 Newbie
    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.

    There is a large amount of dead canes exisiting from previous years growth all around the property and in the back garden.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Name Dropper First Anniversary Photogenic First Post
    43429525 wrote: »

    There is a large amount of dead canes exisiting from previous years growth all around the property and in the back garden.
    That's now.

    Unfortunately, a whole year has gone by, so proving what was visible at the time of inspection might be tricky, especially as dead stems could have been deliberately removed.

    However it's well worth examining photographs you took of the property, which might show the situation in autumn 2016.
  • eddddy
    eddddy Posts: 16,437 Forumite
    First Anniversary First Post Name Dropper
    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.

    There is a large amount of dead canes exisiting from previous years growth all around the property and in the back garden.

    The "Japanese Knotweed and residential property - RICS information paper" that I linked to above includes "Appendix C: Japanese Knotweed identification chart" on page 23 with photos of what it looks like in November.

    Link: http://www.rics.org/Global/Japanese_Knotweed_and_residential_property_1st_edition_PGguidance_2012.pdf

    This is the sort of stuff that RICS residential surveyors should be reading as part of their job.


    If you have been told this in writing...
    43429525 wrote: »
    They comment thay the homebuyers report wouldnt take a surveyor to an external boundary, or that they should have gone outside to examine for JKW

    ... that strengthens your case, because the RICS say otherwise (see post #5).
  • ProDave
    ProDave Posts: 3,721 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    I don't see any discussion about eradicating the JKW? Surely that is the No 1 priority?

    You can even DIY treat it, with a Glyphosphate based weed killer e.g. Gallup 360. It will need regular dosing for a long time, possibly stretching to years, but it can be eradicated for very little cost.

    Indeed some will argue leaving it in place and persistently treating it is the best way. digging it up and removing it only risks spreading it, and it will still need persistent treatment as you cannot physically dig it ALL up.
  • BoGoF
    BoGoF Posts: 7,099 Forumite
    Name Dropper First Anniversary First Post
    davidmcn wrote: »
    Indeed, who pays for it isn't necessarily an indicator of who the report is addressed to e.g. in Scotland, Home Reports include a survey instructed and paid for by the seller, but purchasers and their lenders are entitled to rely on it.

    But as I am sure you are aware the law is different in Scotland and it is not the case in England whereI assume OP is.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    BoGoF wrote: »
    But as I am sure you are aware the law is different in Scotland and it is not the case in England whereI assume OP is.
    As far as I'm aware the principles are the same. The relevant question isn't "who paid for it", but "who was the report addressed to".
  • teneighty
    teneighty Posts: 1,347 Forumite
    edited 30 November 2017 at 6:49PM
    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.

    There is a large amount of dead canes exisiting from previous years growth all around the property and in the back garden.

    Seems reasonably straightforward, the surveyor missed it. I do not understand why you have engaged a solicitor and are talking about court action. Just go through the formal complaints procedure and if necessary the ombudsman, its all free.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Name Dropper First Anniversary Photogenic First Post
    ProDave wrote: »
    I don't see any discussion about eradicating the JKW? Surely that is the No 1 priority?.
    There would be cause for more urgency if it was the right time to treat, but the OP will have some months to decide whether to engage a company at a high cost, or DIY.

    I'd guess their choice might be determined by the outcome of an investigation into the surveyor's liability. I agree with ten-eighty that this is best approached via the complaints procedure in the first instance.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards