A stylist is suing her neighbour over claims that “dust ingress” from the man’s flat has made her home “uninhabitable” and ruined her £14,000 designer bag collection.
Maria Serra, a self-described “international fashion stylist”, is taking legal action against David Harve, a property guru, and his wife Katherine, after they carried out building work on their property in Notting Hill, London.
Serra has claimed that her bag collection of 26 items, including styles from Chanel and Paco Rabanne, were ruined by the extension being built in the block of converted flats in West London.
She has said that more than £265,000 in damages was caused by the work commissioned by her neighbours.
A stylist in Notting Hill is suing her neighbour over claims that 'dust ingress' from the man’s flat has made her home 'uninhabitable'Google Street ViewThe couple have denied her claims and said that her allegations are “frankly absurd”.
At a hearing at the High Court in London, lawyers representing Serra said that there had been “a history of disagreements” between the Notting Hill neighbours.
The Harveys purchased their basement flat in the converted house for £580,000 in 2008, and two years later, Serra bought her ground-floor apartment for £570,000.
When Harvey paid workers to build a “conservatory-type” extension in 2016, a dispute broke out between the neighbours.
MORE NEIGHBOUR ROWS:
Edward Blakeney, representing the Harveys, described the building works as “the genesis of the present dispute, with the claimant alleging that they caused substantial interference with her use and enjoyment of the ground floor flat”.
He said this was “primarily as a result of increased new cracking and ingress of dust”.
Gavin Hamilton, the barrister representing Serra, said that she moved from the property in 2017 “as after four months, [she] could not cope any more with the noise, dust and general disruption”.
Now, Serra is suing for damage caused by “the ingress of dust into her ground-floor flat” and to the “contents of the building and other financial losses”. She has claimed negligence over the way the building works were carried out.
Hamilton told the court that her flat was spotless and “dust-free” before the works started, however, she was soon forced to move out and saw her collection of designer bags ruined as a result of the extension.
Claiming that the Harveys failed “to have any adequate plastic sheeting in place” as her principal allegation, Serra is seeking repair costs of £9,685, future repair costs of £105,110 and an indemnity against a service charge of £7,777.
The feuding neighbours spoke at the High Court in London
Wikimedia Commons
She is also suing for an undisclosed amount for the damaged handbags which she now says either need replacement or pricey repairs.
Hamilton said: “It is obvious that steps could have been taken to prevent or control the escape of dust from the basement flat during the works.”
Blakeney has denied they are liable to pay her anything, maintaining that the works were carried out in a responsible and busy way.
He said: “The works were carried out appropriately so as to minimise the escape of dust and cracking in the ground floor flat and any dust or cracking came from other sources.
“The parties' experts agree that these structural works were well-designed, necessary to prevent future movement of the building and overall beneficial to the building.
“The defendants deny all liability as a matter of principle. Further support was provided for the ground floor flat as a result of the works.”
The case was due to be heard in a four-day trial this week but was adjourned due to problems involving late evidence.
It will now return to court at a later date.
