The Strange Case of the Buyers Who Claimed £36m Compensation for Moth Infestation

In a recent legal case a couple who in 2019 paid £32.5 million for a seven bedroom Victorian house in London’s Notting Hill area subsequently sued for the vendor on the grounds that he was guilty of “fraudulent misrepresention”.

The new owners claimed that just days after moving in they spotted signs of an infestation that had the effect of destroying their clothing and ruining their wine.

You can read the full story here.

This is a very unusual case because the general rule is ‘caveat emptor’ – or ‘buyer beware’.  In other words it’s up to buyers to make all appropriate enquiries and appoint a surveyor to check the condition of the property before making a legal commitment to purchase.

In this case it would appear that the buyers hadn’t appointed a surveyor and their claim largely pivots upon whether the seller, when answering pre-sale inquiries,.had failed to disclose previous issues with moths infesting woollen insulation material.

This in turn depends on the question of whether moths fit the definition of ‘vermin’ and therefore should have been included when the seller answered the enquiry form.

Had the buyers instructed a Building Survey the inspection would normally have identified any visible insulation material (in loft spaces etc) and commented on any likely risks or evidence of ongoing infestation.  Which could have saved a lot of trouble.

So the moral of the story is, always get a survey before you buy!

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See Rightsurvey.co.uk for a quick guide to survey prices

Check out our other posts for more info that will help you pay the right price for the right property.

We would always recommend using RICS certified surveyors in every instance – don’t get caught out, get instant quotes for RICS surveyors here.

 Ian Rock’s Rightsurvey property tips are taken from the Haynes House Manual series.