Couple Wins Right to Return £32.5M Notting Hill Home Over Severe Moth Infestation

A couple who purchased a £32.5 million Victorian home in Notting Hill, only to discover it was "infested by millions of moths," have won the right to return the property to the seller. A High Court judge ruled that property developer William Woodward-Fisher misrepresented the state of the house, failing to disclose the severity of the infestation.

Iya Patarkatsishvili, daughter of the late Georgian billionaire Badri Patarkatsishvili, and her husband, paediatric dentist Dr Yevhen Hunyak, bought Horbury Villa in May 2019. The luxurious home features a pool, spa, gym, wine room, library, cinema, and even a dedicated "snoring room" for undisturbed sleep. However, shortly after moving in, Ms. Patarkatsishvili, 41, noticed a winged "infestation," prompting the couple to take legal action.

Dr. Hunyak, 50, testified that the moths were landing on their children's toothbrushes, cutlery, and food, and that he even had to discard glasses of wine containing the insects. The couple argued that Mr. Woodward-Fisher, 68, failed to disclose the history of moth issues when answering pre-sale questions about vermin and hidden defects.

On Monday, Mr. Justice Fancourt ruled in the couple's favour, stating that Mr. Woodward-Fisher had provided misleading responses and failed to disclose expert reports detailing the infestation and necessary repairs. While the judge found that the seller had not actively tried to deceive the buyers, he noted that Mr. Woodward-Fisher "simply wanted to sell the house and move on" and admitted that disclosure might have jeopardized the sale.

As a result, Mr. Woodward-Fisher was ordered to repay the £32.5 million purchase price, with a £6 million deduction for the couple's use of the property. They will also receive an additional £4 million in damages, covering £15,000 for ruined clothing and £3.7 million in stamp duty, bringing their total compensation to around £30 million.

During the trial, the court heard that Mr. Woodward-Fisher, a former British Olympic rower, bought the site in 2011 and lived there with his wife Kerry, an interior designer, before selling it in 2019. The property was significantly extended and remodelled, growing to 11,000 sq. ft.

The infestation was described by an insect specialist as "of extreme proportions… amounting to millions of moths." John McGhee KC, representing the couple, stated that Dr. Hunyak initially had to kill around 100 moths daily to manage the problem and still maintains a daily count of up to 35. The moths are believed to have nested in the wool insulation behind walls and ceilings.

Despite denying the claims, Mr. Woodward-Fisher admitted under cross-examination that disclosure could have jeopardised the sale. His barrister, Jonathan Seitler KC, argued that he had answered all pre-sale questions honestly and that any previous moth problems had been resolved. He also claimed that the couple, while being "fastidious about moths," had neglected the property after purchase.

The judge acknowledged that Dr. Hunyak had at times "exaggerated" the issue but ultimately found that Mr. Woodward-Fisher's responses were misleading. "I do not find that he was consciously trying to deceive the claimants," said Mr. Justice Fancourt. "He simply wanted to sell the house and move on."

Whitestone Solicitors