Jonathan Downing who found Japanese knotweed behind the garden shed after he moved into his £700,000 in London has successfully sued the seller, Jeremy Henderson for misrepresenting whether there was knotweed at the property when he sold it.
Mr Henderson had answered ‘no’ to the question on the TA6 property information form asking if the property had been affected by knotweed and argued that he ‘reasonably believed’ he was telling the truth when he did so.
However, it was found during the trial that the knotweed may previously have stood at up to 2 metres tall, and there was also evidence it had been treated with herbicide in the past.
Judge Jan Luba KC at Central London County Court dismissed the defence and ordered Mr Henderson to pay damages of £32,000 and costs of £65,000 on account within 21 days after finding he did not genuinely believe his property had not been affected by knotweed at the time he sold it.
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