Hidden Property Problems and How to Handle Them
Purchasing a home is one of the most important financial commitments you’ll make. The process is meant to be transparent, but sometimes serious issues only emerge after completion and in the worst cases, they were known but not disclosed by the seller. While the doctrine of caveat emptor (buyer beware) requires buyers to investigate thoroughly, it does not protect purchasers from deliberate misrepresentation.
Below, we unpack common causes of dispute, how the law treats them, and practical guidance for buyers and sellers in property transactions.
A High‑Profile Moth Infestation Case
In one of the most talked‑about property disputes in recent years, a High Court judge ruled in favour of a couple who bought a £32.5 million London mansion only to discover a severe moth infestation that had been concealed in the property’s structure.
The buyers, Iya Patarkatsishvili and Dr Yevhen Hunyak, pursued a claim after moving into the Notting Hill home and finding millions of moths consuming clothing and contaminating wine and food - a situation described by experts as “infestation of extreme proportions.”
The High Court found that the seller had provided false or misleading answers in the pre‑contract enquiries and failed to disclose the extent of the infestation. The judge ordered the sale to be rescinded (effectively cancelled), with the purchase price repaid to the buyers (after a deduction for their use of the property) along with substantial damages.
This case serves as a stark reminder: misrepresentation can override caveat emptor when sellers fail to answer enquiries honestly.
The Property Information Form: Your First Line of Defence
At the heart of most residential property sales in England and Wales is the TA6 Property Information Form. This form is completed by the seller and provides answers to a wide range of questions about the property, from infestations and building work to neighbour disputes and environmental risks such as flooding.
The aim is to give buyers a clear snapshot of known issues before contracts are exchanged. The form should be completed truthfully “to the best of the seller’s knowledge,” and inaccurate answers can lead to claims of misrepresentation.
The Law Society recently introduced the TA6 (6th edition), designed to be simpler and clearer for sellers and conveyancers to use, with updated structure and improved explanatory notes. It replaces earlier editions and becomes mandatory for transactions handled by Conveyancing Quality Scheme (CQS) members from March 2026.
Common Causes for Complaint
Japanese Knotweed
Japanese knotweed is one of the most frequently disputed issues in property transactions. Its aggressive root systems can damage structures and significantly reduce property value. Sellers are required to answer whether the property is affected, and a “No” response requires certainty that no knotweed - above or below ground - exists on or near the site.
If a seller incorrectly answers “No” and knotweed is discovered later, the buyer may have a strong misrepresentation claim. In one well‑reported case in Raynes Park, London, the seller stated there was no knotweed on the property; after purchase, large stands of the plant were found behind a garden shed. The buyer sued, and the court ruled that the seller had misrepresented the situation, awarding more than £200,000 in costs and damages.
That outcome reflects a broader trend: according to industry research, two‑thirds of buyers would sue a seller who failed to declare Japanese knotweed.
Why it matters:
- Knotweed is notoriously difficult and expensive to treat, and its presence can make remortgaging or future sale harder.
- Sellers who answer “Not Known” may reduce their exposure, but if evidence suggests they did know (such as previous visits from knotweed contractors, neighbour statements, or professional treatments), liability may still arise..
Nuisance Neighbours
Good neighbours make for happier homes. Conversely, undisclosed disputes with neighbours can lead to long‑term headaches and even legal claims. The TA6 form specifically asks sellers about disputes or complaints involving neighbouring properties - including legal actions, ongoing disagreements, or history of complaints.
Often, small disagreements may not constitute something a seller thinks is “material,” but failing to disclose matters that a reasonable buyer would care about can lead to disputes. Local enquiries and research - such as speaking with neighbours - can help uncover what may not be on the paperwork.
Other Undisclosed Problems
Beyond knotweed and neighbour disputes, a wide range of issues can lead to buyer dissatisfaction and legal claims if not properly disclosed:
- Pest infestations: Cases involving mice, ants, and ladybirds have all made it into legal documents.
- Structural defects: Undisclosed subsidence, damp, or historical damage can have major implications for safety and value.
- Missing property elements: For example, buyers have found that garages, outbuildings, or parking rights they assumed were included were in fact excluded from the sale.
The principle is clear: the more material the information, the greater the need for accurate disclosure.
Practical Advice for Sellers
Sellers have a legal duty to be thorough and truthful when completing the TA6 form. Errors — even unintentional ones — can lead to claims of misrepresentation if a reasonable buyer would have been influenced by the incorrect information.
William Marriott of Charles Russell Speechlys advises sellers to answer each question fully and accurately: evasive or incomplete answers may not avoid liability, and can undermine buyer confidence.
Estate agents also have obligations: if they are aware (or should reasonably be aware) of material issues - whether infestations, disputes, flood risks, or structural concerns, they must disclose these to potential buyers. Failing to do so can breach professional and consumer protection standards.
Practical Advice for Buyers
For buyers, due diligence is the cornerstone of a secure property purchase. Key steps include:
1. Commission Comprehensive Surveys
At a minimum, obtain a Royal Institution of Chartered Surveyors (RICS) Level 2 survey with damp readings and structural insights. For older or unusual properties, consider a Level 3 or specialist reports.
2. Engage Reputable Conveyancers Early
A solicitor experienced in property transactions can help interpret TA6 responses and raise enquiries where answers are unclear or incomplete.
3. Include Access Clauses Between Exchange and Completion
Agreeing contractual access (typically 3–4 visits) after exchange allows buyers to inspect the property in a more natural state — making hidden issues harder to conceal.
4. Inspect on the Day of Completion
Though not a legal requirement, a final inspection can catch unexpected problems before the sale is legally sealed.
5. Act Promptly If Issues Arise
If a post‑completion issue emerges and appears to be undisclosed, contact your conveyancer immediately to discuss whether it may constitute misrepresentation or fall outside the seller’s duty to disclose.
Understanding Misrepresentation
In law, misrepresentation arises when:
- A false statement of fact is made by the seller,
- The buyer relies on that statement in deciding to purchase,
- The buyer suffers loss as a result.
Where misrepresentation is established, remedies include:
- Damages: Compensation for financial loss, including repair costs and reduction in value.
- Rescission: Cancellation of the contract in severe cases, with restitution of the purchase price (subject to adjustments for use).
- Settlement: Many disputes are resolved by negotiation before court proceedings are necessary.
The key test is whether the incorrect information induced the buyer’s decision to proceed and whether the seller knew or ought to have known the true position.
Conclusion
Buying or selling a property doesn’t have to be a minefield - but it can be if disclosures aren’t handled with care. Sellers must provide truthful and complete information on the TA6 form, and estate agents must uphold their professional duty to disclose known issues. Buyers, in turn, should conduct thorough due diligence, seek expert advice, and act swiftly when concerns arise.
Ultimately, transparency and preparation protect both parties and help ensure that property transactions conclude smoothly and fairly.