Who is responsible for Japanese Knotweed?
The responsibility for the control of Japanese Knotweed usually rests with the landowner or tenant. Local control projects, such as the Exmoor Knotweed Control Project, can assist with control on Knotweed with the landowner’s consent. If the property is subject to a tenancy, particular issues will arise as to the responsibility for removing Japanese Knotweed. A tenant may face prosecution from the local authority or civil action from neighbours if the problem is not rectified, but the landlord may also be held accountable if the plant was already on the site at the time of the letting. Landlords and tenants should check whether the contaminated land falls within the tenant’ s demise. If it does, the parties should ascertain whether the lease provides for dealing with contamination of the demised premises. If not, any lease clauses requiring the tenant to comply with statute and/or to avoid committing a nuisance are likely to be sufficient to allocate responsibility for the removal of t
The responsibility for the control of Japanese Knotweed usually rests with the landowner or tenant. Local control projects, such as the Exmoor Knotweed Control Project, can assist with control on Knotweed with the landowner’s consent. If the property is subject to a tenancy, particular issues will arise as to the responsibility for removing Japanese Knotweed. A tenant may face prosecution from the local authority or civil action from neighbours if the problem is not rectified, but the landlord may also be held accountable if the plant was already on the site at the time of the letting. Landlords and tenants should check whether the contaminated land falls within the tenant’ s demise. If it does, the parties should ascertain whether the lease provides for dealing with contamination of the demised premises. If not, any lease clauses requiring the tenant to comply with statute and/or to avoid committing a nuisance are likely to be sufficient to allocate responsibility for the removal of t
