Japanese Knotweed Claims
Japanese Knotweed is an invasive plant that can cause serious damage to property foundations and structures. Landlords can be held liable for failing to control it.
Start Your ClaimWhat is a Knotweed Claim?
Japanese Knotweed is a fast-growing plant with powerful roots that can penetrate deep into the ground, damaging building foundations, drains, and paving. A claim can arise if your landlord (or a neighbouring property) allows knotweed to encroach on and damage your home. This is considered a form of 'nuisance' in law, and landlords have a responsibility to prevent its spread.
Damages Property Value
Your Landlord's Responsibility
Duty to Control Spread
While it is not illegal to have knotweed on your property, it is illegal to allow it to spread to neighbouring properties. Landlords have a duty of care to take reasonable steps to control and manage knotweed on their land. If they are aware of its presence and fail to implement a professional treatment plan, they can be held liable for the resulting damage and the cost of removal.
What a Successful Claim Provides
A successful knotweed claim focuses on eradicating the plant and compensating for its impact.
Compensation for Damages
This can cover the cost of repairing structural damage and any diminution (decrease) in the property's value caused by the knotweed's presence.
Professional Removal Plan
An order forcing the landlord to hire qualified specialists to implement a multi-year treatment plan, often backed by an insurance guarantee.
Evidence to Support Your Claim
Key evidence is crucial for a knotweed case:
- Dated photos of the knotweed
- Evidence of it spreading from another property
- Proof you informed your landlord
- Any surveyor reports that mention knotweed
Japanese Knotweed FAQs
Japanese Knotweed has distinctive features: shovel-shaped leaves, a bamboo-like stem with purple speckles, and small clusters of white flowers in late summer. If you are unsure, we can help arrange for a specialist to identify it.
Yes. A claim can be brought against a neighbour who allows knotweed to spread from their land onto yours. In a tenancy situation, your landlord also has a duty to take action against the neighbour to protect their property (and your home).
No. It is highly inadvisable to cut or dig up knotweed yourself. Tiny fragments of its root system can regrow, and disposing of knotweed is classified as controlled waste. It must be handled by licensed specialists to avoid spreading it further.
The most common method is a long-term herbicide treatment plan, which can take several years to be effective. In more severe cases, the infested soil may need to be excavated and removed from the site by licensed contractors.
Historically, yes, but the situation is improving. Most mortgage lenders will now lend on a property with a history of knotweed as long as there is a professional treatment plan in place, backed by an insurance-backed guarantee.
Don't Let Knotweed Take Root
If you suspect you have Japanese Knotweed on your rented property, act now. Contact us for a free, no-obligation assessment of your case.
Start Your Free Assessment Today