Should I have Mentioned That?

Should I have mentioned that? Yes, you probably should have.

When selling a house, homeowners must complete “conveyancing protocol forms,” namely the Property Information Form and Fittings & Contents Form. For those in the Conveyancing Biz, these are known as the TA6 and TA10 respectively. Usually, it’s the former that causes the most discussion (“But they told me it was included in the sale!”). However, recent court cases have highlighted the importance of thoroughly completing the Property Information Form (or “PIF”, if you like).

In English law, “Buyer Beware” remains the basic principle. This means the buyer has a duty to make all “reasonable” enquiries when buying a house. These includes visits, surveys and local searches. However, a growing body of case law is placing a heavier duty on sellers to provide full and frank replies to questions concerning their house. This applies equally to those selling as an executor or trustee, being unable to hide behind not being familiar with the property being sold.

Older readers may remember the television programme Tenko, where they first heard of “Japanese Knotweed.” The plant is akin to John Wyndham’s relentless science fiction flower, the Triffid. This rebellious and unruly plant can grow through concrete, making it an unwelcome addition to any garden and a definite double thumbs down from Monty Don. But don’t fret! Knotweed can be removed, albeit by specialist contractors. Whilst expensive, it’s cheaper than a 2023 case in which a defendant was ordered by the court to pay tens of thousands of pounds in damages, plus all his opponent’s legal costs! This is because he failed to disclose that the house he sold harboured Knotweed. This is despite the fact that there is a specific question on the PIF regarding Knotweed.

If you’re interested, a closer look at Knotweed can be found in one of our previous articles, Knot A Laughing Matter. If you dare to read on, click here.

The PIF also contains questions regarding arguments with your neighbours. Failing to disclose disputes with neighbours, whether over bins, parking or excessive partying, could result in having to pay thousands of pounds. One couple found this out the hard way when, presumably in an effort to make their property as desirable as possible, forgot to mention that their neighbours were less than charming. When the new owners moved in, they were met with complaints regarding delivery vans. This left the previous owners having to pay out to the new occupants. Had they been full and frank on the PIF, they would’ve saved a lot of money.

When going through the PIF the best policy is, if in doubt, fill it out! It’s best for you (and the buyer’s) to get as much information on there as possible. A complete PIF means the buyers’ solicitors will have fewer queries to raise and subsequently the sellers will have less questions to answer. It speeds everything up just a little bit, meaning everyone can move house sooner rather than later.

As always, we are here to help. If this article has made you think you ought to speak to a solicitor, then don’t hesitate to contact us. You can do so by calling us on 0114 272 9721, or by clicking here.