12/12/2024
If you are selling a property, you are expected to complete a TA6 Property Information Form (TA6) as part of the sales process.
The TA6 is an important document that asks sellers to provide their buyer with crucial information about the property.
Although it isn’t mandatory, all sellers should complete the form as thoroughly as possible to avoid delays to the transaction or even the sale falling through. If a seller provides incorrect or incomplete information, the buyer may be able to claim compensation or refuse to complete the purchase.
A recent case that is being heard by the High Court has emphasised the importance of being as accurate as possible in the disclosures made in a TA6.
In the case, a couple are suing the previous owner of their property for £36m after claiming the London mansion they bought was “infested with millions of moths”.
Iya Patarkatsishvili and Dr Yevhen Hunyak bought the seven-bedroom Notting Hill property in west London for £32.5m in May 2019. However, days after moving in, they claim they noticed an infestation of moths coming from wool insulation behind walls and ceilings.
The couple is alleging that William Woodward-Fisher, the man who sold it to them, was either guilty of “fraudulent misrepresention” or negligent in failing to disclose previous moth issues when answering pre-sale inquiries about the possibility of “vermin” in the house. Woodward-Fisher denies all claims, insisting that he gave honest and full replies on the pre-sale inquiries form.
Read more about the case here.
How to complete a TA6
The case emphasises how important it is for sellers to complete a TA6 accurately and to the best of their knowledge.
The explanatory notes included with the TA6 include ‘instructions to sellers’, which should be followed when completing the form.
This guidance states that sellers should:
- Complete the form to the best of their knowledge.
- Say if they do not know the answer to any question.
- Be accurate.
- Ask their solicitor if they are unsure of the meaning of any questions or answers.
- Inform their solicitor immediately if they become aware of any information which would alter any replies that have given.
- Provide their conveyancer with any letters, agreements or other papers which help answer the questions.
- Not knowingly exclude any information.
What do sellers disclose in a TA6?
Sellers must provide information in 14 different areas when competing a TA6. These are:
- Boundaries. Sellers are asked to provide various information about a property’s boundaries, including who is responsible for maintaining them and whether they have moved.
- Disputes and complaints. Any ongoing or previous disputes with neighbours must be disclosed. It can be difficult to know what counts as a ‘dispute’, though generally if you have made a complaint in writing – either to them directly or to the local council or other authority – this should be declared.
- Notices and proposals. Sellers should provide copies of any letters or communication from neighbours or the local authority that might affect the property (such as proposals to develop or change the use of nearby land or buildings).
- Alterations, planning and building control. Sellers must provide details of any structural changes or improvements, including planning permissions and building regulations compliance.
- Guarantees and warranties. Warranties or guarantees that relate to the property, for example, damp-proofing or a new-home warranty, must be supplied.
- Insurance. Information about house insurance and current insurance claims.
- Environmental matters. Sellers must answer questions about a property’s Energy Performance Certificate (EPC), flooding risk, and whether it is affected by Japanese knotweed.
- Rights and informal arrangements. Sellers must disclose whether there are any public rights affecting the property, for example, whether it can be used by members of the public for access.
- Parking. Sellers must describe the parking arrangements at the property.
- Other charges. If there are any charges affecting the property, such as payments to a management company, they are covered here.
- Occupiers. Details of who lives at the property must be provided and sellers must state whether they are selling with vacant possession.
- Services. Sellers must state which services are supplied to the property, such as electricity, central heating, drainage and sewerage.
- Utilities and services. Sellers must state who supplies utilities and services to the property and give the location of the relevant meters.
- Transaction information. Sellers must also provide various information relating to the sale, such as whether the seller is buying another property at the same time and if there are any special requirements about a moving date.
Read our top tips for ensuring your property sale or purchase runs smoothly by clicking here.
Conveyancing Solicitors North West
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Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.
Please note that this article is meant as general guidance and not intended as legal or professional advice. Updates to the law may have changed since this article was published.