Anthony Eaton is an experienced solicitor in our dispute resolution team. He handles an increasing number of property misrepresentation claims.
Frequently people ask what their rights are if they discover a pest infestation after buying a house and what compensation can be claimed. In this article, Anthony answers all of this and more…
What is the meaning of pest infestation?
Pest infestations occurs when a large number of insects, rodents or other animals, that are classed as vermin, invade and inhabit a property. They can cause damage to property and create serious health risks to occupants.
What classes as pest?
The courts recently looked at defining vermin in the context of a property misrepresentation case and concluded vermin were “animals or insects that are capable of infesting a residential house and causing a problem to the occupier or the house”. This might include ants, wasps, moths, rats and mice.
What are my rights if I discover a pest infestation after buying a house?
When selling a property, there is no legal obligation to disclose issues of pest infestation, unless the buyer has asked the seller about them in pre-contract enquiries.
This is where the principle of “buyer beware” is important and if you have concerns about pest infestations, you should make sure your conveyancer asks the seller about this in the pre-contract enquiries.
You may also wish to consider instructing a surveyor to look for these issues before going ahead with the purchase.
What if the seller gives false information?
If you have asked the question and the seller has stated there are no pests, but you find out that is untrue when you have bought the house, you may have a case in misrepresentation against the seller.
What legal steps should I take upon discovering pests after moving into a new property?
If you discover pests in your property after purchase, the first step you should take is to gather evidence that shows the pest infestation was present before you bought the house. This is crucial if you are considering a misrepresentation claim against the seller.
While severe infestations may seem obvious, it is still recommended that you obtain a report from a qualified pest expert, to support your claim. This report can:
- Confirm whether the infestation pre-dates your purchase.
- Provide details on the type of pests and extent of the problem.
- Outline the work required to remove the pests.
- Estimate the likely costs of repairs to the property.
Is it illegal to sell a house with a known pest problem in the UK?
In the UK, it is not illegal to sell a house with a known pest problem.
However, if enquiries have been made of the seller about pest infestations and they have answered these questions untruthfully, they may be guilty of misrepresentation.
How do I prove the seller knew about a pest infestation before selling?
It may seem obvious that the seller knew about a pest infestation if it is particularly bad but you will need to be able to prove they knew to support your claim.
Talking to neighbours is often a useful way of finding out historic information about a property. However, if you can locate records of any emails, pest reports or other correspondence about the issue, that will be valuable evidence.
What else do I need to prove?
On top of proving that the seller knew about the infestation, you must also prove that:
- You relied on their word when buying the property, and,
- That you suffered a loss because of this
What evidence is needed to support a legal claim for undisclosed pest infestations?
You will need evidence to show there was a pest infestation before you bought the property and that the sellers knew about it.
This can be in the form of emails, letters, pest reports or records of conversations about the problems.
What compensation can I Claim for undisclosed pest infestations in a new home?
If you want to stay in the property, you may be entitled to a claim for damages for the reduction in value of the property or the cost of treatment to get rid of the pests.
In some cases, the Court may grant a recission of the contract and order the seller buy property back from you for the purchase price.
How long do I have to make a claim for misrepresentation due to pest issues?
You have a statutory time limit of 6 years to take action. However, it is best to take action as soon as you become aware of the problem, especially if you are seeking to rescind the contract.
We would recommend taking legal advice at the earliest opportunity to help decide whether you may have a claim.
Specialist Property Misrepresentation Solicitors
If you believe you may have a misrepresentation claim and want to find out what your next steps should be, you can contact one of our experts on 01202 499255.
We offer all new clients a free initial chat, giving you the chance to meet the team, you can book yours by filling out the form.
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