By: Pramod Thomas
A £2.6 million luxury flat owner in London is suing the developer for £1m over an unbearable ‘bubble wrap’ noise in his home, media reports said.
Pharmaceutical tycoon Nazirali Tejani bought the property ten years ago in Fitzroy Place near Oxford Street. Soon after moving in, the 70-year-old started complaining about a clicking noise ‘akin to popping bubble wrap’, according to media reports.
The businessman told the London High Court that the sound permeates the entire flat and disturbs his sleep. He added that the property was worth £815,000 less than what he paid.
“The noise occurs both day and night. It is loud enough to wake the claimant and his wife when sleeping. The noise cannot be suppressed or masked and can be heard even if a television or radio is playing in the apartment and irrespective of whether internal doors are closed,” Tejani said in a written submission.
The businessman said that he already spent more than £110,000 improving and furnishing the flat, and up to another £300,000 which could have made in selling it on soon after it was built.
His lawyers claimed that the noise is caused by ‘defects in the design and/or construction of the facade of the building’.
The court heard that other residents at the exclusive block had described a similar noise. Interestingly, the source of the noise has not been found despite many efforts.
Fitzroy Place was built with 289 flats, restaurants and offices and featured the first garden square created in London in more than a century.
Tejani is now suing the freeholder, Fitzroy Place Residential, and developer, 2-10 Mortimer Street GP, for damages. Both have denied any liability.
Their lawyer Gary Blaker KC said that the noise cannot be heard throughout the apartment but is more localised and can only be heard at limited times, adding that the property remained perfectly habitable throughout.
Blaker revealed that Tejani rejected profitable offers for the flat and turned down offers to rent the property as they were not high enough.
A full trial in this case will take place next month.
[TheChamp-Sharing]
