In the UK, a seller can usually be sued for up to six years after completion in England, Wales and Northern Ireland, and for up to five years in Scotland, but only if they gave false or misleading information, broke the contract or hid a problem. For fraud or deliberate concealment in England and Wales, the six years doesn’t start until the buyer discovers it, so there’s no fixed end date. In Scotland, the contract itself (the missives) normally stops being enforceable two years after settlement.
Key takeaways
- England, Wales and Northern Ireland: six years for most contract and misrepresentation claims, starting from completion or from when the buyer suffered loss.
- Scotland: most claims prescribe after five years, and under the Scottish Standard Clauses the missives usually can’t be enforced more than two years after settlement.
- Fraud or deliberately hiding a defect has no practical time limit, because time runs from discovery.
- The main risk is misrepresentation: a wrong answer on the Property Information Form (TA6) or in replies to enquiries.
- You’re not generally liable for repairs the buyer finds after completion unless you misled them about the issue.
- Keep the forms, certificates and guarantees for at least six years, and hand over a clear, clean house.
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Counted from the 14,042 cleaning jobs we have completed since January 2023. See end of tenancy cleaning.
How long are you liable after selling a house in the UK?
The answer depends on where the property is and what the claim is about. This table sets out the usual periods. Your solicitor will confirm how they apply to your sale.
| Type of claim | England and Wales | Scotland | Northern Ireland |
|---|---|---|---|
| Breach of contract | 6 years from the breach (usually completion) | 5 years; missives usually unenforceable 2 years after settlement | 6 years |
| Misrepresentation | Generally 6 years from when the buyer suffered loss | 5 years | 6 years |
| Hidden damage caused by negligence | Possible extra 3 years from discovery, 15-year long-stop | 5 years from when the buyer knew or should have known, subject to a long-stop | Similar rules to England and Wales |
| Fraud or deliberate concealment | Time runs from discovery | Time runs from discovery | Time runs from discovery |
England and Wales
The Limitation Act 1980 sets six years for breach of contract, starting from the date of the breach, which for a house sale is usually completion. Misrepresentation and other claims in tort generally have six years from when the buyer suffered loss. Where negligence caused damage that couldn’t be seen, the buyer may have an extra three years from when they knew or should have known, subject to a 15-year long-stop. If you lied or deliberately covered something up, the clock doesn’t start until the buyer discovers it, or could reasonably have done so.
How long are you liable after selling a house in Scotland?
Scotland works differently. Most claims for breach of contract or misrepresentation prescribe after five years under the Prescription and Limitation (Scotland) Act 1973, as amended by the Prescription (Scotland) Act 2018. The five years runs from when the buyer knew, or could reasonably have known, that they had suffered loss.
In practice, the contract is often the tighter limit. Most sales use the Scottish Standard Clauses, under which:
- The missives stop being enforceable two years after the date of settlement, unless court action has started by then (a few clauses last longer).
- Central heating, drainage and other systems must be in working order, allowing for their age, at settlement, and the buyer has only five working days after settlement to report a fault in writing.
- The seller must give vacant possession and remove all moveables not included in the price.
The Home Report, which you must provide to buyers, also sets expectations about condition.
Northern Ireland
The Limitation (Northern Ireland) Order 1989 sets a general six-year limit for contract and tort claims, with rules on hidden damage and fraud similar to England and Wales.
What is a seller liable for after selling?
In England and Wales, the starting point is caveat emptor, “let the buyer beware”. You don’t have to point out every physical defect, and it’s the buyer’s job to inspect, survey and ask questions. But once you answer a question, your answer must be accurate. The three routes to liability are:
- Misrepresentation: a false statement of fact that persuaded the buyer to go ahead.
- Breach of contract: not doing something the contract required, such as leaving fittings you agreed to include or giving vacant possession.
- Fraud or deliberate concealment: knowingly lying or hiding a defect, such as painting over damp or filling subsidence cracks before viewings.
The three types of misrepresentation
The Misrepresentation Act 1967 applies in England and Wales.
| Type | What it means | Example |
|---|---|---|
| Innocent | You believed it was true and had reasonable grounds | You say the boiler was serviced last year, relying on an engineer’s certificate that turns out to be wrong |
| Negligent | You had no reasonable grounds for believing it | You tick “no” to flooding without checking what happened before you owned the house |
| Fraudulent | You knew it was false, or didn’t care whether it was true | You deny a neighbour dispute that has been going on for months |
Under section 2(1), once the buyer shows a statement was false, it’s for the seller to prove they had reasonable grounds to believe it. Remedies include damages and, in serious cases, setting the sale aside.
The TA6 and your replies to enquiries
In England and Wales you’ll usually complete the Law Society’s Property Information Form (TA6). The sixth edition became mandatory for firms in the Conveyancing Quality Scheme from 30 March 2026 and asks more detailed questions, covering boundaries and disputes, planning and building regulations approval, guarantees, flooding and Japanese knotweed, services such as heating and drainage, and who lives at the property.
Answer from your own knowledge, attach documents where you have them, and use “not known” when you don’t know. If anything changes before completion, such as a new leak or a letter about a neighbour’s planning application, tell your solicitor so the answers can be updated.
Are you liable for repairs after selling a house?
Usually not. Once the sale completes, the property and its repairs belong to the buyer. A buyer who finds a leaking roof or a failing boiler after moving in can only claim against you if you misled them about it, broke a term of the contract, or deliberately hid it. Defects the buyer’s survey could have picked up, and that you didn’t misdescribe, are their responsibility.
A retention is the exception worth knowing about. If a specific problem is spotted before completion, such as missing certificates, the buyer’s solicitor may ask to hold back part of the price until it’s resolved. That has to be agreed in the contract; it can’t be imposed afterwards.
What not to fix when selling a house in the UK
You don’t have to repair anything before selling, and costly work rarely pays for itself. What matters for liability is honesty, not perfection. Generally, it’s worth leaving:
- Major structural or cosmetic renovations, such as a new kitchen or bathroom. Buyers price in their own plans.
- Issues you’d be “hiding” rather than fixing. Patching over damp or cracks without dealing with the cause can turn a known defect into a concealment claim.
- Work that needs approval you won’t have time to get. Unsigned-off building work creates more questions on the TA6 than it answers.
Small jobs that remove doubt at viewings, such as a dripping tap or a sticking door, are usually worth doing.
Do you have to fill holes when selling a house in the UK?
There’s no law that says you must fill every picture hook hole. The practical rule comes from the Fittings and Contents Form (TA10): anything you take away that is fixed to the wall, such as a TV bracket, shelving or a mirror, should be removed with reasonable care so damage is kept to a minimum. If you take a light fitting, leave a safe ceiling rose, flex and bulb holder. A few small nail holes are normal; large rawlplug holes and torn plaster left by a bracket are the sort of thing buyers raise with their solicitor. Filler and a dab of paint takes minutes and avoids an awkward email.
What goes into the house sale contract?
In England and Wales, the contract is usually based on the Standard Conditions of Sale and becomes binding at exchange. It includes the price, the completion date, what’s included (from the TA10) and the requirement to give vacant possession. The TA6 and replies to enquiries sit alongside it and are the statements a buyer relies on. In Scotland, the contract is formed by the exchange of missives, usually incorporating the Scottish Standard Clauses.
Other responsibilities after completion
Pass on guarantees for windows, damp proofing, boilers and building work, give final meter readings, and keep buildings insurance until completion. If you sell a second home or buy-to-let, you must report and pay any Capital Gains Tax within 60 days of completion.
How to protect yourself as a seller
- Be accurate, not optimistic. A buyer who knew about an issue before exchange can’t later say they were misled.
- Gather paperwork early: planning consents, building control certificates, FENSA or CERTASS window certificates, gas and electrical certificates, and guarantees.
- Keep copies of the TA6, TA10, replies to enquiries and supporting documents for at least six years.
- Leave the house clear and clean. It won’t change liability for defects, but it removes the most common reason buyers ring their solicitor in the first week.
There’s no specific duty to deep clean, but rubbish and belongings left behind can breach the vacant possession term. Our guide to how clean a seller must leave the house covers the detail, and the moving out checklist and timeline helps you plan the last few weeks. Many sellers book a deep clean once the removal van has gone: see our fixed prices by property size, from £175 for a one-bedroom, one-bathroom home. A dated invoice is useful if a buyer later claims the house was left dirty. If a relative’s house has years of belongings to clear, read our hoarder cleaning guide first.
Frequently asked questions
How long after selling a house are you responsible?
Usually up to six years in England, Wales and Northern Ireland, and five years in Scotland, where the missives themselves normally lapse two years after settlement. If you deliberately hid a defect, time only starts when the buyer discovers it.
Can a buyer sue me after completion?
Yes, if they can show you gave false information they relied on, broke a term of the contract or deliberately hid a defect. They can’t sue simply because something broke after they moved in.
Do I have to tell the buyer about every defect?
In England and Wales you generally don’t have to volunteer information about physical defects, but you must answer the TA6 and enquiries truthfully. Covering up a defect can amount to fraud.
What if I answered “not known” on the TA6?
That’s fine if it’s true. It only becomes a problem if you did know, or should reasonably have known, the answer.
What is gazundering?
Gazundering is when a buyer lowers their offer just before exchange of contracts, knowing the seller may not want to lose the sale. It’s legal in England and Wales because nothing is binding until exchange. It’s rare in Scotland, where offers become binding earlier through missives.
This article gives general information, not legal advice. Speak to your conveyancer or solicitor about your own sale.
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Written by the Tenancy.Cleaning team
We complete end of tenancy, deep and specialist cleans across England, Scotland, Wales and Northern Ireland. Our guides are based on that work and checked against current UK rules.
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