Japanese knotweed has spread from my neighbour’s garden to mine.
I asked a surveyor to take a look and she warned it could damage the foundations and slash my property’s value.
But my neighbour shrugs it off as ‘just a weed’ and refuses to lift a finger.
Can I force them to treat it and get compensation?
Name and address supplied.
Invasive: A reader is having to deal with a Japanese knotweed infestation after a neighbour allowed the plant to spread into their garden (file picture)
Dean Dunham replies: This issue is more serious than your neighbour appears to grasp, and the law gives you real teeth here.
Japanese knotweed encroaching from adjoining land is a textbook example of what is known as private nuisance – in other words an unlawful interference with your enjoyment of your own property.
The leading case, Network Rail v Williams (2018), confirmed that knotweed spreading on to a neighbour’s land amounts to an actionable nuisance even before it causes physical damage, precisely because of the blight it casts over value and saleability.
Your neighbour’s ‘it’s only a weed’ defence therefore simply won’t wash.
Your first step is to put the issue in writing. Send a formal letter setting out the problem, attaching your surveyor’s findings, and requiring your neighbour to arrange professional treatment. DIY hacking it back only makes it worse.
Give a reasonable deadline, say 28 days, and keep copies of everything. This becomes what is known as your ‘letter before action’, which you will need should matters escalate.
If your neighbour ignores you, you can bring a claim in nuisance. The court can grant an injunction compelling them to treat the infestation, and award damages – both for the cost of a professional treatment programme (often guaranteed over several years) and, crucially, any residual diminution in your home’s value that lingers even after eradication.
One word of caution: act promptly. Knotweed must be declared on the standard property information form (TA6) when you sell, so leaving it unresolved could jeopardise a future sale or your buyer’s ability to get a mortgage on your property.
Don’t be deterred by a stubborn neighbour. Document everything, escalate methodically, and the courts will back you.
Used car broke down after just five weeks
I bought a used car from a dealer for £6,500 six weeks ago. Last week the gearbox failed and a garage says it will cost £1,800 to repair.
The dealer is refusing to help, insisting I bought it ‘sold as seen’. Where do I stand?
Name and address supplied.
Dean Dunham replies: First, let me dispel a common myth. ‘Sold as seen’ carries no legal weight whatsoever when you buy from a dealer.
It’s a phrase traders love to wheel out, but the Consumer Rights Act 2015 overrides it entirely.
Under that Act, any car bought from a business must be of satisfactory quality, fit for purpose and as described.
A gearbox failing after just six weeks on a £6,500 car strongly suggests the fault was present, or developing, at the point of sale as gearboxes rarely collapse overnight.
Now, the crucial timing. As more than 30 days have passed, you have lost the short-term right (under the Consumer Rights Act) to reject for a full refund.
However, you are firmly within the first six months on purchase. During this period the law assumes the fault existed when you bought the car, and it falls to the dealer to prove otherwise (not for you to prove your case).
Your first remedy is a repair or replacement at the dealer’s expense. Write to them (email is fine, but keep everything in writing), state you are exercising your rights under the Consumer Rights Act 2015 and give them one opportunity to repair it free of charge.
If they refuse, ignore you, or the repair fails, you can claim a price reduction or reject the car for a partial refund.
Don’t be fobbed off. If they continue to stonewall, pursue your claim in the Small Claims Court. Go to gov.uk/make-court-claim-for-money and complete the online money claim form, which costs between £25 and £455 and allows you to issue proceedings against the firm to recover your losses. The law is firmly on your side.
Alternatively, you could ask if the dealer is subscribed to an alternative dispute resolution scheme or to the Motor Ombudsman and, if it is, take your claim there.
