The Importance of Completing the TA6 Property Information Form – A Guide for Trustees and Corporate Sellers

For sellers, particularly trustees or corporate service providers who may not have lived in or directly managed the property, completing the Property Information Form (TA6) can feel like an annoyance. However, this document is one of the most critical in the English conveyancing process, and ensuring it is completed correctly is essential to avoid delays, legal disputes, and misunderstandings.

Let’s explore why getting the TA6 form right is so important, even if you have limited knowledge of the property.

1. Legal Obligations and Risk Reduction

The TA6 form is designed to disclose key information about the property, including boundaries, disputes, planning permissions, and environmental factors. Sellers are legally obligated to provide accurate information, and failure to do so can have significant legal and financial consequences.

Even if you’re a trustee or corporate entity without direct familiarity with the property, it’s vital to disclose what is known and clarify where your knowledge is limited. For instance, you can explain why certain details aren’t available or seek advice from professionals who have managed the property on your behalf.

Why is this important? Providing incomplete or incorrect information can result in post-sale disputes, which could lead to costly legal action. Buyers rely on the accuracy of the information provided in the TA6, and transparency is essential in reducing risks as a seller.

2. Setting Buyer Expectations

The TA6 form is a critical tool for buyers to understand the property’s condition, history, and potential issues. Clear and honest answers help set realistic expectations and ease the transaction process.

If you’re a trustee or corporate seller with limited knowledge, rather than answering with “don’t know,” it’s more helpful to explain why certain information isn’t available or provide any relevant documentation from property managers or agents.

By showing that you’ve made a diligent effort to gather accurate information, you build trust with the buyer and their solicitor, avoiding surprises that might arise later.

Why does this matter? Unclear or evasive responses can undermine a buyer’s confidence in the transaction, leading to additional questions, delays, or even the buyer pulling out. Setting clear expectations early on prevents misunderstandings and ensures that the sale progresses smoothly.

3. Facilitating a Smooth Sale

An incomplete TA6 form is a leading cause of delays in conveyancing. Missing information or vague answers often lead to back-and-forth queries between solicitors, wasting valuable time.

Working closely with your conveyancer to fill out the form thoroughly ensures that the process moves forward without unnecessary hold-ups. This is particularly important in time-sensitive transactions where both parties are aiming for a swift completion.

A smooth sale depends on cooperation between the seller, their conveyancer, and property professionals. If you’re unsure of specific details, your conveyancer can guide you through the process, ensuring that your legal obligations are met.

4. Pro Tip: Seek Expert Advice

If you’re uncertain about any of the questions on the TA6 form, it’s better to seek expert advice or rely on available documentation rather than guessing. Whether it’s verifying structural work or clarifying neighbourhood issues, your conveyancer can help fill in gaps and advise on how to respond accurately.

A Cautionary Tale: McMeekin v Long

The consequences of not completing the TA6 form accurately are clearly illustrated in the case of McMeekin v Long. The sellers, Julie and Ian Long, were found liable for fraudulent misrepresentation after failing to disclose ongoing disputes with their neighbours. Despite knowing about the conflict over parking and rubbish on an access road, the Longs falsely answered "no" to questions about disputes on their TA6 form.

Their buyers, the McMeekins, discovered the issues soon after moving into the property. Legal action followed, and the court ruled against the Longs, who were forced to pay £67,500 (back in 2003) in compensation. The case is a stark reminder of the legal and financial risks of misrepresentation. Even seemingly minor details can have significant consequences.

Lessons for Sellers

The McMeekin v Long case illustrates why full and honest disclosure is essential when completing the TA6 form. Sellers—whether individuals or corporate entities—should always disclose any disputes or issues they are aware of, even if they believe the problem is resolved.

Transparency is key to avoiding future legal actions and ensuring a smooth transaction. Misleading or incomplete answers can lead to costly legal battles and significant reputational damage.

In Summary: Transparency is Essential

While completing the TA6 form can be challenging, particularly for sellers who aren’t directly involved with the property, a thorough and honest approach is crucial for a legally sound and timely sale. Whether you’re a trustee managing a trust property or a corporate service provider, investing the time to get the TA6 form right from the start will protect you legally and help the transaction progress smoothly.

By being transparent about what you do and don’t know, setting realistic expectations for the buyer, and working closely with your conveyancer, you can avoid delays and ensure a successful property sale.

About Us: Donald Millar and I are property lawyers at Spencer West LLP with extensive experience advising clients on buying, selling, developing, leasing, and financing UK residential and commercial property. Whether you're a trustee, lender, borrower, or developer, we can guide you through the legal complexities of your transaction.

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