Lexsure e-ROT

Japanese Knotweed · Report on Title scenario

Japanese knotweed was treated and there is a guarantee — is that enough?

It depends on what the guarantee actually covers and whether it reaches you. Knotweed has been found here, so the question is no longer whether the seller knows about it. It is whether the treatment was done properly, whether the paperwork supports that, and whether the protection passes to you and to your lender on completion. A guarantee is a contractual promise about remedial work, not proof that the plant has gone.

What should the treatment documents consist of?

There are normally three separate things, and they do different jobs. A treatment plan setting out what was to be done and over what period. Evidence that the work was carried out and completed. And a guarantee covering the result for a stated term.

Who carried out the work matters as much as the documents. Lenders commonly require the contractor to be an accredited member of a recognised trade association, and a guarantee from a firm outside that framework may not be accepted even where the treatment itself was competent.

Treatment is also often a programme rather than an event. A plan that is still running is a different position from one that has been completed and signed off, and the documents should make clear which it is.

Will the guarantee actually pass to me?

A guarantee given to the current owner does not automatically benefit you. It needs to be transferable, and the transfer needs to happen. Where there is a mortgage, it will usually need to extend to the lender as well as to you and to anyone you sell to later.

The remaining term matters too. A ten-year guarantee issued eight years ago is not the same protection as one issued last year, and the point at which the term starts — completion of treatment, rather than the date of the plan — is worth establishing.

What will my lender want to see?

Lender requirements on treated knotweed are specific and they are not uniform. Minimum guarantee periods differ between lenders. So does whether the guarantee must be insurance-backed, property-specific and transferable to successors and mortgagees in possession.

The documents are also usually referred to the valuer rather than accepted on their face, so the timing matters: producing them late in a transaction can hold up an offer that everyone assumed was settled.

What if the guarantee paperwork is missing?

Someone saying treatment happened is not the same as evidence that it did. Where the plan, the completion evidence or the guarantee cannot be produced, the protection everyone has been assuming exists may not be available to you at all.

It matters which document is absent. A complete plan and completion certificate with no guarantee is a different problem from a guarantee with nothing behind it, and insurance backing determines whether the remedy survives the contractor going out of business.

Often the gap can be closed. The contractor may still hold records and be able to reissue or assign the documentation, and where the work was done under an insurance-backed scheme the administrator may hold the policy independently. That takes time, so it is worth starting as soon as the gap appears rather than at the point everyone wants to exchange.

If nothing can be produced, the position needs dealing with on its merits rather than by assuming the treatment was effective. A specialist can report on the current state of the ground, which is evidence about the property even though it is not evidence about the history. Lender requirements in this area are written around documents that in this situation do not exist, so the lender's position needs establishing early. None of this means the purchase cannot proceed — it means the risk is different from the one that was described.

Already bought, and the guarantee has turned out to be a problem?

If you completed on a property with a knotweed guarantee and it has not protected you, what happened during the purchase may now matter.

Tell us what happened → WhenIBought.com

What do mortgage lenders require where knotweed has been treated?

Lender requirements differ materially on exactly the points that matter here. Some set a minimum guarantee period of five years from completion of the treatment; others require ten. Some require the guarantee to be insurance-backed, property-specific and transferable to subsequent owners and to mortgagees in possession. Some require the treatment to have been carried out by an accredited contractor and the documents to be referred to the valuer before completion.

Some lenders do not need to be told at all where treatment is complete and covered by a qualifying guarantee. Others will not proceed on an affected property whatever the paperwork shows.

There is no safe generic answer. The requirements of the particular lender need to be checked against its current instructions.

Research lender requirements → Lexsure Lender Archive

Dealing with this on a current conveyancing matter?

Current Report on Title paragraph

Do not rely on wording copied or saved from this page. Get the current wording dealing with this scenario.

View current paragraph →

ROT Notification Service

Keep relevant ROT wording under review as Lexsure issues updates.

View Notification Service →

e-ROT Generator

Use Lexsure’s full Report on Title system.

Explore e-ROT Generator →