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DAMP QUID

I won £730k after suing property developer over my damp newbuild house

A HARD-WORKING nail artist has won £730,000 after suing a property developer for damp in his house.

Leighton Denny made the shocking discovery in his Chiswick, London home and took action.

Leighton had to fork out £485,000 to resolve the issue
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Leighton had to fork out £485,000 to resolve the issueCredit: Provided on research/identification service basis only by Champion News Service Ltd
Leighton Denny was awarded £730,000 after suing his developer over damp
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Leighton Denny was awarded £730,000 after suing his developer over dampCredit: Provided on research/identification service basis only by Champion News SErvice Ltd

The developer, Kam Babaee, who has appeared in TV shows Sally Lindsay's Posh Sleepover on Channel 5 and Channel 4's Extraordinary Extensions, soon found himself hauled before the High Court.

During proceedings, the distressed Leighton told the court: "There was a significant defect causing dampness and affecting the property's fitness for habitation."

Judge Richard Pearce ruled in the successful nail artist's favour and awarded him £549,773.90 in damages for the damp in his £1.3million home.

In addition, Kam, who runs K10 Developments Ltd, was slapped with £180,000 in legal fees forked out by the complainant.

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This week, it was decided the shamed developer's total bill risks soaring even more as the cost will be determined on the punishing indemnity basis.

Kam was originally sued for a breach of contract, but this fell by the wayside.

A case was also brought against the builders themselves, however this too was dropped.

The celebrity nail artist, who has worked with huge names such as Kate Moss and Penelope Cruz, ended up winning his successful case under the Defective Premises Act 1972.

Because of the change in claim throughout proceedings, Kam applied for the total bill to be reduced.

Leighton had initially reported the damp damage costed £720,000 to fix, but it ended up being £485,000.

Kam claimed this meant his former client had spent unnecessary money on legal fees.

But the judge denied the requests and told Kam he didn't possess adequate proof to support his claim.

He went on to order the developer to once again cough up the full amount from his company, with part of it to be assessed on the punishing "indemnity" basis.

On K10 group's website, it describes the business as "a bespoke ultra-prime residential developer".

Of the boss personally, the website states: "British business entrepreneur Kam Babaee has some 20 years experience in luxury property development in both the UK and internationally.

There was a significant defect causing dampness and affecting the property's fitness for habitation."

Leighton Denny

"He brings his own vision and artistic flair to each K10 Group project.

"Kam personally reviews all aspects of each project from master-planning, delivery timescales and materials; down to the custom-design of door-handles, wardrobes, light fittings, bespoke paint colours and finishes.

"The result is a dynamic company, passionate about delivering outstanding quality, evident from its superb craftsmanship, exceptional finishes and fine attention to detail."

This comes as a businessman who forked out £2.5million on a luxury flat decided to sue the developer after claiming it was "uninhabitable".

Nazirali Tejani is seeking more than £1m in damages over the "unbearable" sound which he says makes it impossible to sleep.

The 70-year-old said his new-build luxury pad in London's West End is haunted by a “bubble wrap popping" sound that runs through the entire flat.

Plus, a multimillionaire who was forced to pay his neighbours £237,000 when his mansion extension crossed 18 inches onto their property.

Alex MacPhail, 55, was sued by web entrepreneur Tom Gueterbock and his wife Helen after the couple claimed he'd staged a secret "land grab" in affluent Wandsworth, South West London,

After a number of legal hearings, Mr MacPhail was left £530,000 out of pocket.

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He paid his neighbours £237,000 in damages and was forced to stump up court costs of £283,000.

Kam Babaee had to pay Leighton's legal costs as well as the damages
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Kam Babaee had to pay Leighton's legal costs as well as the damagesCredit: Champion News Service Ltd. No onward right of syndication permitted.
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