Don’t moth-ball your secrets when you sell

Why honesty is the best policy when selling your home

Buying a home is one of life’s biggest investments — but when sellers keep secrets, it can lead to costly consequences. A recent High Court ruling over a £32 million London mansion infested with moths is a sharp reminder of why honesty is crucial in property sales.

The case centred around Horbury Villa, a luxury home in Notting Hill bought by heiress Iya Patarkatsishvili and her husband in 2019. Shortly after moving in, they discovered a severe moth infestation, later traced to the property’s wool insulation. The couple claimed they were misled during the sale process, arguing that the developer failed to disclose known issues when answering pre-sale inquiries.

Although the seller challenged the claim saying moths didn’t qualify as vermin, the court ruled that the failure to disclose the infestation and related insulation issues amounted to false information. The judge overturned the sale, ordering the seller to refund the purchase price (less deductions for the couple’s use of the home) and pay an additional £4 million in damages.

“While few properties come with such high stakes, the principle remains the same -sellers must be upfront about known issues.” explained Miss Dawn Cherry conveyancing expert of  Rotherham based Firm Oxley & Coward Solicitors LLP. “Being fully prepared and transparent from the outset is essential. And with the spring house-selling season approaching, it’s the ideal time for sellers to get their paperwork in order.”

For those in the process of selling a house, one of the most important forms is the Property Information Form (TA6) which must be completed by the seller. This covers far-ranging questions covering everything from boundaries to building works, and crime rates to utility supplies. Even the presence of pests or issues like damp, subsidence or arguments with neighbours must be clearly set out.

Property transactions can be delayed — or even fall through — when key documents are missing, or sellers fail to disclose important information.  Common pitfalls include mislaid paperwork, lost deeds, or gaps in records related to planning permissions, building regulations, or structural changes.

Buyers who discover problems after completion may have legal grounds to challenge the sale, particularly if they can prove that material facts were withheld, as in the case of the moth infestation at Horbury Villa.

Miss Dawn Cherry added: “If you’re preparing to sell, check you have all necessary paperwork to confirm the property’s condition and history – ideally before you even go on the market. That includes permissions for works, certificates and guarantees for installations like new windows or heating boilers, but also any problems at the property, whether or not they have been resolved.  Ideally, ask your conveyancer to share form TA6 so you can check everything you will need to cover, before you put the For Sale sign up. The form is constantly being updated so the information required when you moved in isn’t necessarily going to be enough when you move out.

“Buying or selling a property is a major transaction, whatever your budget, and honesty is critical to making the process as smooth as possible. Being upfront will avoid last-minute delays or disputes that could derail your sale.”

[This is not legal advice; it is intended to provide information of general interest about current legal issues.]