Bed bug moral dilemma please help

[bedbughell]

Am having a bed bug nightmare on a property sale and would welcome other viewpoints.

Summary for those who don't want to read the whole thing is: when do I tell my buyer (we have already exchanged contracts).

I'm selling a flat that was my home but was then tenanted when I moved in with my partner. It has been empty since January. It's a converted flat within a Victorian terrace.

We exchanged contracts last Friday and due to complete this Friday.

On Monday I went to the property to arrange disposal of the mattresses and sofa. Buyer wanted the rest of the furniture (free of charge). I took off the bed spread and found bedbugs!!! I had genuinely no idea until that point.

That mattress was stained (previous tenants weren't great news and did goodness knows what there) but it was in the flat uncovered for about a 3 months whilst various agents came in and out and the flat was renovated for sale (arranged and project managed by the agents). None of us saw any signs at all that whole time.

I've spent the past couple of days investigating and learning more and more about bed bugs. Awful things that are very hard to get rid of especially in a terraced property.

I have had the furniture disposed of by a company who were fully aware of the situation and brought special wrap for the furniture, talked me through the process etc. However when I went back at the end I found they hadn't used the wrap except on the worst affected mattress.

Today the flat is having a very expensive heat treatment that is the best possible way of eradicating bed bugs. Trouble is tho that in a Victorian house with floorboards they can hide away even from that so it will be hard to fully eradicate. Plus I've just heard back from the company that this is a big infestation.

Am thinking of the buyer but also other flats in the building.

I'm thinking I will offer to pay for the whole building to be sprayed to pick up any that remain. However it takes 3 sprays so will have to happen after the sale is complete.

My question is: at what point do I tell the buyer?

If I tell her now she may want to get out of the sale or claim that I had withheld this info (I genuinely didn't know but who would believe that)? I like to do the right thing by people but equally I don't want to open myself up to a legal nightmare either. The legal forms don't ask about pest control but there are any other information boxes.

If I wait until after the sale, that feels pretty low. How awful to buy your lovely flat and then get a note saying there are bed bugs?!

What do you think I should do?!

You sound very conscientious. I would tell them now, but try not to make it sound like too much of a drama - I've just found a problem, but I'm getting it sorted.
Are they the type to make a lot of fuss, do you think? Have they been OK to deal with so far?

Also, offering to get the whole house sorted is admirable but a bit OTT. You don't know that the other flats have a problem. I would concentrate on your own.

Oh that’s really difficult and you sound a lovely person. It might have been an infestation from other flats. Bed bugs feed on people so being empty for 3months is likely they were going elsewhere but I have read they can go 6months between meals.

These things happen, and you're being very proactive and conscientious - do you have an obligation to report to the freeholder or management company who oversee the whole building? I certainly wouldn't offer to pay for the whole building as they legitimately could have come from any flat.

Heat treatment worked well in my terraced house never saw them again and its been four years. So id say what you have dine already is sufficient

You tell them asap and have to deal with the possible consequences I'm afraid.
We moved into a property where the landlord was fully aware there had been a bedbug problem but didn't tell us because he thought it had all been treated and eradicated. Two weeks later after being eaten alive (thinking it was mosquitos at first) we discovered the bedbugs were very much still there. It was horrendous, the bites are awful and so itchy. We ended up living rent free for 3 months while it was all properly sorted. Please don't keep this from them.

You've treated it, it should most likely be solved. I would just get on with not messing up the sale now especially if there is a long chain.

I would speak to my solicitor for advice on this. It is a legal question as well as a moral one.

It's not a legal question. Contracts have been exchanged so the sale has been decided upon.
If she'd know before exchange then there's a legal issue.

I would still ask my solicitor about it to protect myself. From memory, after exchange, the seller is still obligated to inform if there is material change in things that were asked on the TA6 form or asked in additional questions (some buyers solicitors put in additional questions about infestations/vermin but not all) but not to remedy and the cost lies with the buyer?
Also, there may be obligations in the lease to inform the other flats and/or freeholder/managing agent if something is found that would need work throughout the building?

The heat treatment is pretty effective - worked on our old house with loads of wood in it.

Thanks everyone! Sorry I posted then disappeared. Been on the phone ever since with a series of people - pest control folk, lawyer, cleaners etc

Things developed as the job needed a larger machine which was more obvious from the road.

I have informed the buyer - I wasn't obliged to but she will find out either way as the other flat owners know. Plus the heat treatment comes with a guarantee so she can make use of it.

I feel sorry that this may have taken some of the joy out of the purchase for her but can't be helped. I think it would be worse if she had found out after - "congrats, here are the keys and the number of a bed bug company"!

I did feel I should stump up for the other properties because realistically it probably did come from my flat and with the sale due to complete on Friday there isn't any time to negotiate and think further. But maybe this is a bit OTT.

Thank you all for being so nice too - I thought I might get a roasting.

I wish everyone was as honest and conscientious as you, it would make the World a nicer place!
I imagine that paying to have the other flats treated at the same time will greatly increase your chances of it being successful, otherwise your flat could just keep getting reinfected.

I think you did the right thing. Have you confirmed that the guarantee is transferable to the new owner?

Well done for being a decent human.

As contracts had exchanged there was nothing your buyer could have done legally so you went above and beyond.

Cant say id have gone all out like you but id have treated my flat for sure for the buyer because I'm decent too.

@Swissrollover yes the company are aware of the situation and happy for the guarantee to pass to her. They will also offer the same guarantee to the rest of the building re spraying.

@fromtheshires that was my first thought too - I figured if I had the place treated thoroughly there would be nothing to tell - but once I realised how easily they spread it seemed wrong not to tell the neighbours and treat the whole building. If I hadn't then offered to pay for it this would have been another ongoing argument plus as @helleborus said the flat could just get reinfected.

Well done op, your integrity and care for your fellow humans shines through. That's exactly what I would do.
If you've declared the problem before completion and done everything humanly possible then you'll avoid getting sued down the line but more importantly you are setting the wheels in motion for hopefully a successful outcome for all concerned. 👏👏

@Pallisers and @heartbrokenof I'm so glad this worked for you.

I'm itching now. 🤣🤣🤣

Thanks everyone. It makes me feel better that you all feel I've done the right thing but I'm still worried about losing the sale (although everyone including my lawyer says this isn't possible). I also feel really sorry for her finding this out when she's about to buy her first home.

Everyone is telling me I've done way more than I had to but she won't feel that way.

Anyway I just feel so drained.

Thanks xxx

@HysteriaOfTheWanderingWomb me too! Been itching since I found them on Monday!

Good luck, I think your buyer will feel very reassured with how transparent you are being and I think you are being very respectful in the way you are handling it. Obviously it's a worry so extra stress, but the rest is down to her appetite for risk which is beyond your control.
Thank goodness you caught it when you did, much less complicated to go through this in partnership rather than as adversaries after the fact.

@bedbughell you really are lovey. The buyers first reaction will be anger as that’s natural, but in time they will see you told them as soon as you knew and went overboard on treating the entire building to get rid and they’ll see that you were really great. The other flats will also be grateful of having the treatment and gaurantee too.

Good luck!

Just in case anyone wanted an update. The sale completed today around lunch time and all is well.

I went in the morning to have a clean as the cleaners wouldn't go in due to the bed bugs! No sign of life!

Also met the new owner - she seemed really lovely. A young 30 something with her Mum - super excited about the flat.

So all is well. I'm a few grand down (!) but I did my best and everyone seems happy.

Have to always remember tho how lucky I am to have a flat to sell when so many people have nothing. But nonetheless it was a stressful time and I'm grateful for your support

Xxx