The daughter of a billionaire from Georgia and her spouse have been awarded a refund after purchasing a £32 million mansion in London that turned out to be teeming with moths.
Iya Patarkatsishvili and Dr. Yevhen Hunyak acquired the seven-bedroom, early Victorian home located in Notting Hill in May 2019. The property featured numerous amenities, including a swimming pool, spa, gym, wine cellar, library, cinema, and a designated “snoring room” for restful sleep.
Shortly after settling into Horbury Villa, the couple discovered the presence of an infestation that ultimately ruined clothing and spoiled their wine. They subsequently filed a lawsuit against the seller, William Woodward-Fisher, aiming to annul the sale.
In court, John McGhee KC, representing the couple, noted that at the peak of the infestation, Hunyak had to swat away approximately 100 of the insects each day.
Prior to the purchase, the couple and their team had visited the property at least 11 times, according to court testimony.
Hunyak, a children’s dentist working in Chelsea, described in court how moths were landing on their children’s toothbrushes, utensils, and food.
He recounted having to dispose of glasses of wine after discovering moths floating in them due to the infestation.
On Monday, Mr. Justice Fancourt, a high court judge, determined that Woodward-Fisher, a prominent property developer, had provided “false” information regarding the condition of the west London property and had failed to “honestly disclose” the “serious infestation.”
The judge acknowledged that, although Woodward-Fisher, a former British rowing competitor, did not intend to deceive the buyers, he had “merely wished to sell the house and move on,” fully aware that disclosing the truth would jeopardize the sale.
Consequently, the judge mandated that the sale be canceled, ordering Woodward-Fisher to refund the purchase price, less approximately £6 million to account for the couple’s use of the home.
Additionally, the developer was instructed to pay the couple £4 million in damages related to the infestation, which included £15,000 for ruined clothing and £3.7 million previously paid in stamp duty.
Jonathan Seitler KC, representing the developer, argued that Woodward-Fisher had been truthful regarding the inquiries about possible prior “vermin infestation,” having informed his solicitor that the property had had moth issues, only to be reassured that “moths were not considered vermin and thus not pertinent to the inquiry.”
Chris Webber from Squire Patton Boggs, the law firm representing the couple, stated: “[The couple] hope this case acts as a cautionary tale for unscrupulous property developers who may attempt to exploit the ‘buyer beware’ principle by hiding known defects in properties.”
The court earlier heard that Woodward-Fisher had purchased the property in 2011 and resided there with his wife, Kerry, an interior designer. The house underwent extensive renovation and expansion before being sold to the daughter of Badri Patarkatsishvili.
Patarkatsishvili is the offspring of Badri Patarkatsishvili, a businessman who had a fallout with Russian president Vladimir Putin before relocating to the UK in 2000. He passed away from heart failure eight years later.
