Homeowner awarded £15k in knotweed test case

National Rail has been ordered to pay £15,000 and legal costs in what is being seen as a test case on properties blighted by Japanese knotweed.

The case has been going on for four years and has now been decided in a four-day hearing at Cardiff County Court. Robin Waistell of Maesteg in Wales claims that he was unable to sell his bungalow because the weed had spread to his property from land owned by National Rail. He had claimed £60,000 in compensation for loss of value on the building and garden.

His neighbour Stephen Williams brought a similar claim and was given the same award by Recorder Andrew Grubb. For each man, two-thirds of the award relates to loss in value of the property and a third relates to removing the knotweed. Legal costs are expected to run into six figures.

Samantha Towle of JMP Solicitors acted for Mr Williams. She said: “This is a fantastic result that will have wide reaching implications for other home owners in a similar position of which there are many around the country.”

She also said: “This case is important because the court has ruled that Japanese knotweed infestation has caused a loss of quiet enjoyment of our client’s property. Every homeowner should be able to sell their home at its proper value but mortgage companies do not like to lend on properties that have knotweed within seven metres of a property boundary. So, through no fault of his own, our client found the value of his house significantly affected by knotweed growing close to the boundary.”

A spokesperson for Network Rail said: “We are aware of the outcome in this case and we are currently reviewing the judgement in detail.”