1. The Legal Framework in England & Wales
In England and Wales, property sales operate under the principle of “caveat emptor” — buyer beware. This means there is no general duty on a seller to volunteer every past issue with a property.
However, this principle is limited by misrepresentation law and by the requirement to complete the TA6 Property Information Form accurately and honestly.
The key legal risk is misrepresentation, which occurs if a seller:
- Makes a false statement
- Omits information in response to a direct question
- Provides a misleading or half-true answer
If a buyer relies on that information and suffers loss, the seller can be liable.
2. The TA6 Property Information Form
When selling a residential property, sellers are usually required to complete a TA6 form. This asks about:
- Disputes or complaints
- Notices from local authorities
- Alterations and repairs
- Other material issues affecting the property
There is no standalone question that explicitly asks:
“Has the property ever had rats?”
However, rat problems can become disclosable depending on how they relate to other questions.
3. Situations Where You Must Declare Rats
You must disclose rat activity if any of the following apply:
A. There Is a Current Infestation
If rats are present during the sale process, this is a material fact affecting the property.
Failing to disclose this — particularly if asked about defects or issues — could constitute fraudulent or negligent misrepresentation.
B. The Problem Is Ongoing or Recurring
If rats keep returning due to:
- Unresolved drainage defects
- Structural gaps or shared sewers
- Poor neighbouring conditions
then this is not a historic issue and should be disclosed.
C. Environmental Health or the Council Was Involved
If:
- Environmental Health served a notice
- The council carried out enforcement
- A statutory nuisance was recorded
These must be declared under the TA6 questions relating to:
“Notices, proposals or complaints”
D. You Are Asked Directly
If the buyer, surveyor, or solicitor asks:
- “Has the property ever had rodent or pest problems?”
- “Have there been issues with rats or mice?”
You must answer truthfully and fully, even if the issue was historic.
A dishonest or evasive answer can lead to a claim after completion, even years later.
4. Situations Where You Do Not Have to Declare Rats
You are not normally required to volunteer information if:
- The rat issue was historic
- It was professionally dealt with
- The root cause was identified and fixed
- There has been no recurrence
Example
Rats entered due to a cracked drain three years ago.
The drain was repaired and the infestation eradicated.
If you are not asked directly, you do not have to volunteer this information.
5. Why Sellers Still Get Into Trouble
Problems usually arise when sellers:
- Say “No” to a broad question they should have answered “Yes, historic but resolved”
- Try to minimise or reword the truth
- Assume “fixed” means “irrelevant”
Courts look at whether the information would have influenced the buyer’s decision or price, not whether the seller personally thought it was important.
6. Best Practice for Sellers (Strongly Recommended)
Even when disclosure is not legally required, best practice is:
A. Keep Evidence
- Pest control invoices
- Drain surveys
- Repair receipts
- Proofing or exclusion work
These demonstrate the problem was resolved, not hidden.
B. Use Clear, Neutral Wording
If asked, respond factually without unnecessary detail.
Example of a safe response:
“There was a historic rodent issue caused by a drainage defect, which was professionally repaired. No further activity has occurred.”
This:
- Answers honestly
- Shows resolution
- Limits liability
C. Never Guess or Assume
If you are unsure whether an issue is fully resolved:
- Say so
- Provide the facts you know
- Avoid absolute statements like “never” or “guaranteed”
7. What Happens If You Don’t Disclose When You Should?
If a buyer later discovers rats and proves misrepresentation, they may claim:
- Cost of pest control and repairs
- Diminution in property value
- Legal costs
- In rare cases, rescission of the contract
These claims can succeed even years after the sale.
8. Practical Reality (What Surveyors and Buyers Do)
- Surveyors often note evidence of rodent activity
- Drain surveys are common on older properties
- Buyers increasingly ask direct pest-related questions
Trying to conceal a known rat issue is high risk and usually counterproductive.
9. Bottom Line
- ❌ No automatic duty to declare historic rats
- ✅ Absolute duty to answer honestly if asked
- ⚠️ Ongoing or unresolved infestations must be disclosed
- 📄 Evidence of professional resolution protects you
Help when completing a TA6
1. Historic issue – professionally resolved (most common & safest)
TA6-style answer:
“There was a historic rodent issue caused by a drainage defect. This was professionally addressed and resolved, and no further activity has occurred.”
✅ Honest
✅ Shows cause identified
✅ Confirms resolution
✅ Minimises liability
2. Historic issue – no recurrence, no council involvement
Use this if it was minor and fully dealt with:
“The property experienced a minor rodent issue in the past, which was professionally treated. There has been no recurrence.”
This is acceptable if true, but keep evidence.
3. Historic issue with documentation available (strongest answer)
If you have invoices, reports, or drain repairs:
“A historic rodent issue occurred due to a drainage defect. This was professionally treated and repaired, with supporting documentation available. There has been no further activity.”
This reassures buyers and reduces post-sale disputes.
4. Issue linked to drains or shared services
Very common in UK properties:
“Previous rodent activity was identified as originating from the drainage system. The issue was professionally resolved following remedial works, and no further problems have been experienced.”
Neutral and factual — avoids blame.
5. Council / Environmental Health involvement (must be disclosed)
If applicable, do not omit this:
“Environmental Health were previously involved regarding a rodent issue. The matter was professionally addressed and closed, with no ongoing issues.”
Failing to mention council involvement is a high-risk omission.
6. Ongoing or recently treated issue (honest but contained)
If the issue is recent or under control:
“The property has recently been treated for rodent activity. Remedial measures have been implemented, and monitoring is ongoing.”
This protects you legally, even if it complicates the sale.
7. What NOT to say (important) ❌
Avoid:
- “Never had rats”
- “No pest issues ever”
- “Completely eradicated forever”
- “Guaranteed no return”
Absolute statements create legal exposure.
8. Golden rule for TA6 answers
- Stick to facts
- Avoid opinions
- Avoid unnecessary detail
- Never guess
- Assume the answer may be read in court