Couple win High Court moth infestation legal case

Detail from antique chair

A moth infestation in a luxury west London home, Horbury Villa in Ladbroke Grove,  sparked an unusual high-profile court case over the eco-friendly insulation. Billionaire homeowners, Iya Patarkatsishvili and Vevhen Hunyak have successfully sued over claims that sheep wool insulation caused moth infestation in £32.5m home.

The couple are now entitled to hand it back to William Woodward-Fisher, a property developer who sold them the property  in May 2019. They will be entitled to receive a repayment for some of the initial purchase price of £32.5 million, with an amount deducted for the length of time they had lived there. “Substantal damages” were also awarded, including Stamp Duty and all the costs incurred by them in their attempts to eradicate the moths as well as an additional £15,000 to replace ruined items of clothing.

The hearing was told that Mr Woodward-Fisher made “fraudulent misrepresentations” when he denied there were hidden defects within the property, including any knowledge of vermin infestation. However, a serious infestation of moths was found in the insulation, which had been detailed in reports by pest control companies on at least two occasions prior to the sale of the property.

Ms Patarkatsishvili is a theatre director and daughter of the late Badri Patakatsishvili, Georgia’s richest man, and Dr Hunyak is the founder of a private dental group for children.

The Victorian mansion became overrun with moths which thrived in the wool insulation used within its walls and ceilings.

In the legal filings, the couple said that their home had become “a nightmare” when they found moth damage in carpets, furniture, food supplies and even their children’s toothbrushes.

In his defence, Mr Woodward-Fisher asserted that he believed he had no obligation to disclose the presence of moths in the house. His legal team argued that moths do not fall under the definition of vermin and that “we tend to view [vermin] as four-legged furry things with long tails”.

Moths have become more prevalent in recent years, thought likely to be the result of warmer temperatures and more reliance on biodegradable materials and eco-friendly insulations within the home. Wool insulation is susceptible to insect infestation and should be treated with chemicals, such as borax, which can deter pests.

While a Chartered Surveyor will be vigilant to the possible presence of infestation by pests, they are not authorised to perform an invasive inspection of the property unless specifically instructed to do so by the client. The vendor may (perhaps understandably) not be willing for this to happen, but you can ask for a warranty from the seller to confirm that the insulation has been treated.

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