Property misrepresentation and the new TA6 Form: What buyers need to know

The new Property Information Form (TA6) sixth edition became mandatory from 30 March 2026. Our property disputes experts share their guidance on property misrepresentation and the new TA6 form.

If you purchased a property within the last six years, you are likely to have completed the fourth or fifth editions of the TA6 property information form. While the new sixth edition is now standard, transactions completed in recent years may still have relied on earlier editions depending on when the form was completed and the conveyancing practice at the time.

While the new TA6 form gives the impression of fuller disclosure, in practice, property misrepresentation disputes are likely to arise because important issues are liable to be softened, qualified or partially disclosed.

What has changed in the new TA6 Property Information Form?

The new edition encourages sellers to provide contextual answers and explanations from their own knowledge. The intention behind the new edition is to encourage full and transparent disclosure and to reduce the risk of oversimplified responses. Despite the changes in format, the key legal principles for misrepresentation remain unchanged. This being, (1) existence a false statement (2) inducement and (3) loss.

Whilst previous versions focussed on whether the answer was simply false, the courts will also look to the overall impression conveyed to a reasonable buyer. Notwithstanding these developments, the new form presents a material risk of encouraging qualified, caveated, or ambiguous answers.

The new edition places greater emphasis on the seller’s actual knowledge at the time the form is completed. However, a seller cannot avoid liability simply by asserting a lack of knowledge where the issue was obvious, where complaints had previously been raised, where professional advice had been obtained, or where the seller has deliberately avoided making reasonable enquiries. Ultimately, the courts will continue to assess what the seller knew or ought reasonably to have known, and whether the response given accurately and fairly reflected that position.

Common situations where key issues may be overlooked under TA6

Below are some key examples and issues where, under the new context-based TA6 format, answers might be technically correct but still misleading in what they imply.

Neighbour disputes

A seller may state that there are no formal disputes with a neighbour and while this may be technically true, this could be misleading. For example, there may have been a history of informal complaints, threats of legal action, or ongoing tensions that have not crystallised into formal proceedings.

Building alterations and works

A seller confirms that works were carried out and describes them as minor or cosmetic without disclosing subsequent problems, complaints or concerns about the workmanship. This could be misleading because the nature or quality of works could have influenced the buyer’s decision.

Flooding and water ingress

A seller states that a property has not flooded but fails to disclose recurring water ingress, drainage issues or a narrow escape flooding event. The absence of formal flooding does not necessarily mean there is an absence of a material issue.

Boundaries and rights of way

A seller confirms that there are no boundary disputes but fails to mention repeated and informal disagreements over access, fencing, or use of shared areas. Again, while informal these persistent issues may still be material to a buyer.

Noise and nuisance

A seller indicates that there were no complaints or problems affecting enjoyment of the property whilst being aware of regular noise, nuisance, or disturbances that have not been formally reported. The lack of official complaints does not exclude the existence of an issue.

Planning and enforcement

A seller states that there are no enforcement notices or planning issues, but fails to mention prior investigations, warnings, or unresolved planning concerns. A buyer may reasonably assume that no issues have ever arisen.

Problems described as historic or resolved

A seller refers to an issue as historic or resolved without explaining when, how, or why it no longer presents a problem. If the underlying goals remained, the description may be misleading.

These examples reflect the most common red flags we see in property misrepresentation disputes. The move towards more story-like, context-based answers has made it easier for responses to be technically correct but still give the wrong impression. In practice, this has led to disputes when sellers leave out informal complaints or unresolved issues that never became official cases, while their answers still make it seem like no problems existed.

In summary – ‘Clearer’ answers may mislead buyers

Many buyers only discover issues after completion, when problems emerge that were not clearly disclosed in the TA6 form. Even where answers are technically accurate, they may still give rise to a misrepresentation claim if they create a misleading overall impression.

Each case depends on its facts, the wording used, and whether a reasonable buyer would have understood the response as indicating that no material issue existed.

If you have questions on property misrepresentation and the new TA6 form, or concerns about information provided to you before purchasing a property, we would be happy to help and advise you on your options. Please get in touch.

Our property disputes experts are highly rated and deal with a wide range of property misrepresentation claims.