Manjinder Kaur Atwal on Legal Options for Hidden Infestations in Home Purchases (8 July 2025)

Manjinder Kaur Atwal, Director of Housing Law at Duncan Lewis Solicitors, has been featured in the Daily Mail offering her expert legal guidance to new buyers facing unprecedented issues: buying a home with an unknown infestation.

In the article titled ‘The house I bought is infested with rats - can I take action against the seller?’ Manjinder highlights the legal principle of 'caveat emptor', or buyer beware, applying to most residential property purchases in England and Wales. The onus is generally on the buyer to investigate the condition of the property before agreeing a purchase.

However, she notes that this is not the end of the story for buyers who find themselves in this unfortunate position. The TA6 property information form, completed by the seller, asks questions about property's condition, including about the existence of pests or infestations.

If the seller answered 'no' to this question and knew that there was or had been a rodent issue in the loft it could amount to misrepresentation. Manjinder goes on to discuss the appropriate steps the buyer should take in this instance. To bring a claim, you would need to show that the seller knew about a rodent infestation and intentionally failed to disclose it, you relied on their misleading when deciding to buy the property and you suffered a financial loss, such as pest control costs or the value of the property.

If no signs of vermin were mentioned in the survey it would be unlikely you could claim against the surveyor, unless the signs were so obvious that a competent professional should have spotted them. Obviously, rodents can enter a property post-sale, so timing is critical.

Manjinder goes on to outline the process a buyer should follow if they wish to pursue a misrepresentation claim, starting with seeking pre-action disclosure, followed by issuing a claim, either in the small claims court or, for higher-value cases, in the County Court or High Court.

The full article can be read here: The house I bought is infested with rats - can I take action against the seller? | Daily Mail

About Manjinder

Manjinder Kaur Atwal, Director of Housing, is recognised by the Chambers UK legal directory as a UK-wide notable practitioner, offering strength across a wide range of social housing matters, including interim relief and homelessness applications. She heads a Housing Team ranked Tier 1 across the South East by The Legal 500 for its "excellent knowledge of the law" and "extensive experience". The department is recognised as a market-leader in all areas of social housing and property litigation including disrepair, unlawful evictions, homelessness, possession disputes, and complex judicial review matters. 

For advice in relation to any housing matter contact Manjinder Kaur Atwal on 07342 081785 or email at Manjindera@duncanlewis.com

About Duncan Lewis Solicitors

Duncan Lewis Solicitors is a multi-award-winning national law firm renowned for exceptional legal services and commitment to justice. With expertise in 25 areas of law, the firm is ranked in Chambers & Partners and Legal 500 as a top-tier law firm and has been named a Times Top 250 Law Firm. Headquartered in London, the firm is recognised for its excellence in people management, holding the Investors in People Gold Standard Accreditation, and embraces a paperless, hybrid-working model. The firm was crowned law firm of the year at the LexisNexis awards 2024 and again at the Modern Law awards the year before.