The New TA6 Form – Challenges and Changes

The Property Information Form, also known as the TA6, is a document completed by sellers before the exchange of contracts takes.

A new TA6 Form was to be introduced on 25 June 2024. The objective was to give a potential buyer as much information as possible to enable them to make an informed decision about the property before they viewed it and certainly before making an offer to buy. Often a transaction or chain of transactions fails during the conveyancing process because of information revealed about the property during that process. A more transparent and upfront home buying process from the outset was envisaged to reduce the number of abortive sales and reduce the stress and wasted costs associated with those failed transactions.

There has been widespread resistance to the new TA6 Form by property professional and its implementation has now been pushed back to January 2025 to allow the Law Society to consult with Practitioners.

The current TA6 form and misrepresentation issues

The TA6 in its current form requires sellers to make statements that the information contained in the Form is correct and accurate. If any information in the TA6 is not correct or accurate, purchasers of the property can sue the seller for misrepresentation. 

There are three possible answers to information about the property being sold which are “Yes”, “No” or “Not as far as the seller is aware”.  It is assumed that by responding to the enquiries about the property, the seller is deemed to have carried out reasonable checks in providing these answers.  Sellers are also required to let their solicitors know if any of the answers to those responses about information about the property had changed from the time that the TA6 was completed and exchange of contracts taking place.

We have seen an increase in the number of claims for misrepresentation based upon inaccurate information in the TA6 Form, mostly for non-disclosure of relevant information such as the risk of flooding, noise or neighbour disputes and alterations made to properties. There are many claims about the inaccurate disclosure of the presence of Japanese Knotweed.

The structure of the new TA6 form

The new TA6, was to be split into two parts.

Part one was to contain essential information needed by Estate Agents for marketing purposes.  For example, a unique property reference number, Council Tax band, utilities and services, cost of parking permits, outstanding building work or approval, notices and proposals and restrictive covenants that restrict the use of property.

Part two of the new TA6 Form was to include additional questions to assist the conveyancing process.  This would have included supplementary questions about boundaries, disputes and complaints, alterations, planning and building works to the property, as well as asking for information about insurance and occupiers. There were also questions to be introduced about the availability and cost of parking permits. As car ownership increases and the availability off street and on street parking decreases it is anticipated that information about parking could become more influential and contentious.  

The purpose of the new information to be disclosed by the new TA6 Form was intended to be a pragmatic response to information which appears to be of greater interest to purchasers of property.  It was not meant to add a level of complexity or a potential cause of action against sellers or their legal advisers. The objective was to have an upfront and transparent approach to ease the conveyancing process. This is not how it has been received.

Concerns about the new TA6 form

The concerns about the new TA6 Form are both practical and legal:

• The time it would take to complete the TA6 which had increased to 32 pages of questions. Sellers of property often find the current Form overwhelming and require help on that and so a more detailed TA6 Form is considered by many in the profession to require additional advice on completing that Form which may result in the fees for the Conveyancing process increasing. 
• The risk of claims for misrepresentation if inaccurate information was provided, inadvertently or not.

There was widespread concern for sellers and their advisors that the new TA6 would be potentially more onerous for them and mean that the professionals handling the conveyancing process had to advise on how to answer the new TA6 questions. This could have added a layer of complexity, cost and risk that was unwelcome and unintended.

Postponement and further consultation

The Law Society has now indicated that until 15 January 2025, the compulsory use of the new TA6 Form (Fifth Edition) is now postponed until 15 January 2025 and there will be further consultation between members of the legal profession about the Conveyancing process before changes are implemented and there may well be further changes introduced.

The Law Society Chief Executive, Ian Jeffery, has said “many members of the public, specialist Conveyancing solicitors and their teams are the face of the legal profession, ensuring that hundreds of thousands of home moves can take place annually”.  He has further commented that “Conveyancing work is at the heart of the larger and buying selling process for homes and that process is undergoing long term change driven by technological advances and public policy”.

Future implications for the TA6 form

The new TA6 Form is available to be used by members of the legal profession, but it is not compulsory, but a change to the information to be provided by sellers and the advice that they may need on that information from their professional advisers is on its way.

Whether there is an additional liability on solicitors because of the extensive information asked from the sellers, is yet to be seen.  It has always been the seller’s responsibility to complete the form, and this will continue.

How can Pinney Talfourd help?

For further assistance and detailed advice on the implications of the new TA6 form, please get in touch with our Property Litigation team.