Knotweed Please Help

[AreWeStuck]

I'm panicking completely at the moment.

We have a lovely flat that we have lived in for a long time, and spent a lot of money renovating and improving. However it's just too small for our family now and so we have gone on the market. We've had a decent amount of interest and have some second viewings lined up.

A colleague at work mentioned pulling out of a flat purchase because there was knotweed flagged on the TA6 form, and the seller's management company hadn't started a treatment plan (despite having a quote in place for a year).

We live next a HA property. The back garden is fenced off from the house and has been allowed to grow into disrepair. Last year we noticed a big plant growing quite close to our fence and realised it was Knotweed.

We contacted the HA about that (and the trees that had been allowed to grow) and were informed in writing that an eradication and management programme would be put in place.

Anyway I kind of forgot about it. We've gone on the market in the meantime. However I've noticed over last few days since all the leaves have come out in full force that the knotweed has regrown so it looks like they haven't started the programme. What's worse is I've seen a stem coming under our fence at the back of our garden.

Now I know we have to disclose this on the TA6 form. What can we realistically do at this point? I have already contacted a PCA approved contractor and we will be more than willing to pay for the treatment plan and guarantee. I've also contact the HA to say they haven't treated it and to ask them to confirm when the treatment programme will commence. But what they do is obviously out of my hands to a certain extent.

What else can we realistically do? are we doomed trying to sell our place? I know that mortgage companies will now accept a PCA treatment plan, but will any buyer touch our place with a bargepole?

FYI we are in London and there is a lot of knotweed in the area, so I'm assuming this isn't an uncommon issue.

I want to try and do the right thing here, but I am feeling so anxious that we will be stuck and unable to move. please help.

It is a sod that, friend had an infestation but it is treatable just cost him. Suppose you are doing all you reasonably can under the circumstances. Perhaps best to pester the HA who own the place next door, might be worth a call to the local council for advice too?.

The council are useless, unless it's on their land they are not interested. Neither are environmental health.

We could potentially sue the HA if they fail to treat, but that doesn't help us in the here and now with our (potential) sale.

What do we do? Inform the EA? Surely at the moment any potential buyers would walk away.

Do we tell them we are putting a plan in place? How long does this take to implement?

I want to cry.

Hi OP,

The treatment programme will never get rid of it totally, there needs to be an ongoing management plan for years to keep it under control.

It is a BASTARD. I would not wait for the HA to start, you need to start your own plan as soon as poss. Do you have access to the HA garden?

www.bbc.co.uk/news/uk-wales-south-west-wales-43882916

Unfortunately this may affect your asking price too. Sorry to be the bearer of bad news.

OP what does your contractor advise?.

Get on to your MP about getting the HA to sort it out asap.I've found that places spring into action once they start getting MPs letters.

We haven't actually had the contractor round as we've only just realised over the past couple of days that this is an issue. It's a couple of weeks before they can do a survey. We could get access to next door if needed.

So we've basically poured thousands down the drain then doing up our place

MP is a good idea. Can't believe they have ignored it for a year

OK spoke to the contractor that is coming to do a site visit, and sounds like it can all be put in place quite quickly from the visit, and they also treat 2m from the boundary which should encompass the bush next door.

He also said it's possible they have started a treatment programme as there will be regrowth even with this. I'm going to get through with them to confirm.

Not sure what to do at this stage about disclosing this to potential buyers?

I think you need to disclose it to estate agents, otherwise whoever buys it could end up suing you.

well it wouldn't get to that stage Greenfingers as they wouldn't get through the buying process without knowing!

So you may as well be honest up front then. Sorry, must be so frustrating.

Has anyone else dealt with/is dealing with this? It's so common around these parts so surely it can't result in everyone who has a bit on their land being unable to sell?

OP, just ask yourself how you'd feel as a potential buyer. Make sure they are aware of the issue before they spend a penny. It's only fair. Try not to get too down, you've not wasted money if you created a lovely home you've enjoyed living in.

Well we have if thousands have been knocked off the sale price because of this. We could have moved years ago without doing all the work to the place.

Some articles I read say it's manageable and the fear factor is ramped up so contractors can charge more. Others say that buyers shouldn't touch places with knotweed with a bargepole.

I really want to move. we have been working towards this point as we always knew we would need more space. And now this.

Anyway turns out the HA have done nothing. They are now going to do a site inspection (apparently) but how long that will take I don't know. This is despite saying a year ago they were starting a treatment plan.

I think we probably need to withdraw from the market until both properties have a plan in place. And then possibly take a hit on the sale price.

It's an offence for the neighbour (under the asbo regulations) to allow the knotweed to spread to your property and they are potentially liable for any loss you suffer if your property is devalued though making a claim is a process you wouldn't want to undertake unless you had to.

www.wiseknotweed.com/services/what-is-japanese-knotweed/legislation/

I'd start a paper trail in terms of your marketing of the property, valuation advice etc but more importantly, get in touch with the HA again and say that if they don't respond and act asap that you'll take legal advice.

Yes I have done that GU24. They are sending someone round to do a site inspection which will lead to a knotweed plan if they find it (they will). I'm going to take photos later and email it to them too.

I just know this will take a really long time for them to sort out. I'm so upset. Our place is lovely, we've put so much time and effort in. But I would be put off by this. I just feel like we will be unsaleable. I guess we also need to speak to the other flat owners as this will affect their properties just as much.

I'm sure if we did take up a case against the HA we would have good evidence as we contacted them a year ago and they said they would treat it! And they have instead allowed it to get worse. However either way this has caused us financial loss and I'm not sure spending more on legal fees is even feasible on top of a few thousand for a treatment plan and guarantee.

I just wonder how many people lie about having it and get away with selling that way. I know it's the right thing to be upfront and honest (and could never live with myself otherwise), but by doing so it's scuppered us.

OP - don't lie to the buyers about it! I know it must be tempting but aside it being completely the wrong thing to do, you're likely to be found out and it will be a fraudulent misrepresentation.

There are numerous stories in the Press about various councils apparent apathy in dealing with JNW. You are not alone. MP is your best bet.

AreWeStuck

How far is the JKW from your flat?
Is the JKW within your boundary?

Contact your local councillor about the issue with the HA not taking action. They are usually pretty good at taking the bull by the horns. If JKW is an issue locally they will know this and they will also know that it's not good for the housing market in an area to stagnate and the area to become less desirable.

Some articles I read say it's manageable and the fear factor is ramped up so contractors can charge more. Others say that buyers shouldn't touch places with knotweed with a bargepole

Bad case of FUD there, Fear Uncertainty Doubt, not good it will make you minded to let them charge you more;(

Very good idea to get a letter off to the HA re this, perhaps from a solicitir citing the leglisation earlier that may well make them think you are taking this very seriously and a stroppy one to the council as well :)

Fear factor definitely ramped up. Not helped by that recent report.

Today I went to check on a bit of wasteland I'm treating by a house of mine.It was 20m x 15m of 2m tall knotweed and nettles.

I started it last year and today looks like scorched earth. Just 3 shoots about a ft high. I'll treat again in September and next year. Can't see much surviving into year 3, but I'll monitor on a yearly basis.

There's knotweed in every other house and park and street corner where I am in London. It's manageable with a decent weed killer. Mine tends to sprout up every other year and a spray kills off the leaves within a day. It doesn't help that my two neighbours don't treat it from their side.

@AreWeStuck We bought a house with JKW in a neighbouring garden 5 years ago. The house with the JKW is owned by the local authority (Lambeth) and previous owners of our house had to ensure they got the LA to put a treatment program in place before the sale of our house went through. To be fair the LA put it all in place quickly and the contractors have been treating our garden (and theirs) for the past 5 years. The JKW has all gone now. No re-growth in either garden for at least a year but obviously we'll continue to monitor. There was no price reduction.

As PP said JKW is so so common in London that if it rendered houses unsellable then nobody would be able to move! I can imagine a large infestation could be problematic but a few stray plants is really not a big deal in my experience.

Thanks for all the replies. This situation is really getting me down and I can’t sleep. I am also arguing with DH about it as he’s not recognising how serious this could be.

I did tell the estate agent that we have concerns before our viewings on Saturday, although the manager wasn’t available so we are going to speak about it properly tomorrow. The person I did speak to said that there is a big issue in the area and not to panic too much.

The first small strands I noticed were right at the back of the garden between our shed and the fence with next door, around 7m from our house. However the big clump on the neighbouring property extends much closer, probably about 4 metres from our house.

However I’ve been checking daily (obsessively) in our garden and I’ve noticed two tiny bits coming up on our closest raised bed (the rear of the house is sunken, with the patio at house level, then the rest of the garden is raised up). I don’t understand really as that bit was a wasteland after building work with just one huge hardy plant and a load of builders sand that nothing else was growing on. We dug the whole lot up and replanted some new plants with fresh soil. So I don’t get how it’s got there so quickly? That’s only 3m from the house. Looking at the RICS categories that puts us into category 5.

So not sure of the implications now. We definitely need a management plan in place I know that, but I feel sick over the battle of next door.

I’m going to contact the neighbours on the other side of their boundary, because after further investigation the knotweed is present on the other side as well. The whole garden had been allowed to turn into a forest and so the extend of the knotweed could be vast.

I’m livid as in addition to us reporting when we realised last year, I have seen a post on a local forum dated 2016 where someone also reported the knotweed on the other side of the property. Obviously they have known for at least 2 years and done nothing. We have a huge fight on our hands but I’m going to go nuclear now and enlist anyone who may be affected to also apply pressure and get involved to sort it.

Does anyone know the best person to call for impartial advice? If we have a knotweed survey and the results are bad, will this information be accessible to anyone (ie mortgage companies)?

The most recent posts have reassured me a little, but I suffer from anxiety anyway and this is really started to affect me badly so I need to know what to do in the best way to protect us from fallout