In 2018, Jonathan Downing brought his dream house for £700,000 in South-West London. It was everything he dreamt it would be – that is, until he found Japanese knotweed growing behind his garden shed!
After an agreement could not be reached regarding the financing of the knotweed treatment, Jonathan Downing took Jeremy Henderson - the individual who sold him the house - to court. Following a 4-year long legal battle, legal fees were racked up, leaving Henderson left to pay £32,000 in damages, £95,000 for Downing’s legal fees, and almost £100,000 of his own legal fees.
Why did this happen?
When Downing was preparing to sell his home, he filled in what’s known as a TA6 form which contains crucial information relating to the sale of the property. One of these questions includes ‘Is the property affected by Japanese knotweed?’, to which Mr. Downing answered ‘no’.
When asked why he selected ‘no’ as opposed to ‘not known’, Downing stated that ‘I had no reason to believe that there was knotweed when I sold the house.’ Ultimately, Downing’s failure to confirm that there was no knotweed present on the property before selecting ‘no’ is the reason he lost the case and was forced to pay £200,000 in legal fees.
How can I make sure this never happens to me?
If you’re planning on selling your home, it’s best to get a knotweed survey carried out just in case. If you sell a house with a knotweed presence – even unwillingly – you can quickly find yourself in the middle of a very costly legal battle.
Taylor Total Weed Control offer FREE knotweed surveys, allowing you the chance to get peace of mind when selling your house.
Free Knotweed Survey
Read More: Can I Be Sued if Japanese Knotweed Spreads Onto Neighbouring Land?
Is It Japanese Knotweed?