Japanese Knotweed - advice

Cassie88 · 7 August 2018 at 2:06PM

Hello
This is the first time I am posting on the forum. I need some advice.
2 years ago my gardener noticed that there was Japanese Knotweed growing in my garden. I called in a specialist (with the required 10 year guarantee) and he identified JK category 4 in my neighbours properties on either side. We inplemented a treatment plan for all gardens and so far so good.
I have been trying to sell my property (been on the market for 6 months now well below market value) and buyers are put off by the knotweed even though it is being treated.
Next summer will be the last treatment phase.

Question: if I have treated the garden sucessfully - do I still need to disclose to disclose on the seller's form? The question is vague "is the property affected by japanese knotweed?" Which technically, after the garden and all adjacent gardens are treated, should not be affected.
This is not so much to pull a fast one over the buyer. I am happy to have a reasonable conversation with them about it. But rather make it easier for them to get a mortgage which is the real sticking point.
I am feeling like I have been held hostage by mortgage companies despite doing the right thing and treating it! Argh !!!128547;

Thanks
Cass

foxy-stoat · 7 August 2018 at 2:17PM

You will have to disclose it somewhere on the form, which you will have to and attach the certificate of completion treatment or at least the certificate of competence from the contractor carrying out the works so it shouldnt be an issue for the lender.

the_gardener_2 · 7 August 2018 at 2:20PM

I used to teach at a well known landbased college and have some experience on this.
Treatment is usually max strength glyphosate. It is not a magic bullet. Do not hold your breath.
If I bought a house and later discovered it I would not be pleased.

Guarantee ??? LOL

If your worried about weeds in garden I can think of a few other culprits I would worry about as well. I think you should declare it when the vendor makes enquiries. Imagine if one of the neighbours fessed up during the buying process .
Sorry do not shoot the messanger

Kay_Pemberton · 8 August 2018 at 2:30PM

Yes, you will need to declare it on the TA6 form. Technically, the herbicide treatment programme will only control the Japanese knotweed growth and it will not eradicate it from your property. The rhizomes (roots) will still be viable and if disturbed, the knotweed could grow back. Therefore, your property is STILL affected by Japanese knotweed.
If you don't declare it and the buyer subsequently finds out that there is knotweed affecting the property, they could sue you for misrepresentation.
Legally, you need to say "Yes" to the question about knotweed on the TA6 form. It's a legal document, and to give any other answer would be breaking the law in itself.
As foxy-stoat said, most mortgage lenders will lend against a property that's affected by Japanese knotweed, providing there is a Knotweed Management Programme in place (with the IBG certificate and certificate of treatment) by an accredited Japanese knotweed remediation company; for this, the mortgage lenders usually like to see that the remediation company is a member of the Property Care Association. So having knotweed on the property shouldn't preclude prospective buyers from getting a mortgage.

Rambosmum · 8 August 2018 at 2:39PM

Yes if it is still in the guarantee period as the follow up question to "is the property affected by JKW" is "is there a treatment plan or guarantee" which you would have to answer yes to. Once the guarantee has run out and as long as the is no further evidence of JKW then you no longer need to declare it as you can honestly answer no to both questions.

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Japanese Knotweed - advice

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