- Neighbours of former Beatle get on with star but took each other to court
- Widow in his street claims her neighbour's leaky gutter damaged her home
- Neighbour insisted the problem was caused by wisteria and not his gutter
- Judge finds in favour of widow and orders neighbour to pay £250,000
Paul's rich neighbours have blown nearly half a million pounds
fighting over a leaky gutter that would have cost just £7,000 to fix.
Multi-millionaire
property tycoon Brenda Fenton - who lives next door to the former
Beatle - has been at war for years with surveyor, Clive Lewis, whose
£20million mansion adjoins her own listed home.
The
trouble between the pair centres on water overflowing from a blocked
gutter on an extension at the back of Mr Lewis's house and creating a
damp problem in Mrs Fenton's mansion next door.
Now
a county court judge has ordered Mr Lewis to alter his house and pay
his neighbour £250,000 in costs and damages, leaving him facing an
estimated total bill for the dispute approaching half a million pounds.
A row broke out between the owners of these two west London mansions over a £7,000 leaky gutter
The owners of the properties, which
neighbour Paul's home, ended up going to court over the
dispute and paid hundreds of thousands in legal fees
The court heard that wealthy widow Mrs Fenton, 84, moved into her home in St John's Wood, West London, 35 years ago.
Sir Paul lives next door, in a house not far from the famous Abbey Road studios.
Both
Mrs Fenton and Mr Lewis are friends with the former Beatle, Judge
Edward Bailey told Central London County Court, commenting that Mrs
Fenton 'enjoyed an excellent relationship with her famous neighbour.'
However the
court heard that the relationship between Mrs Fenton and Mr Lewis is
less friendly, and that since he bought his house in the late 1990s, she
has been 'embroiled in a number of disputes' with him.
Caroline
Shea, for Mrs Fenton, told the judge that the dispute between the
neighbours sprang out of a long-standing gripe about defective guttering
on a glass-roofed extension to the back of the Lewis' palatial house.
The
extension, built in 1997, had inadequate guttering when it was put up,
which Mr Lewis had also allowed to become blocked with leaves and other
debris, the barrister said, causing damp problems in the day room,
kitchen and garage of Mrs Fenton's own mansion.
Brenda Fenton (left) insisted the extension of neighbour Clive Lewis (right) was ruining her own home
Miss Shea told the judge: 'Mrs Fenton is an elderly widow who has occupied her house for 35 years.
She
added: 'Mrs Fenton seeks injunctive relief requiring Mr and Mrs Lewis
to rebuild the roof of the extension in such a way as to prevent
rainwater running down to collect in the gutter and thence penetrating
into [her home].'
Philip
Byrne, for Mr Lewis, denied that Mr Lewis had caused a 'nuisance' to
his neighbour and dismissed expert reports linking the damp in Mrs
Fenton's home to the gutter as 'erroneous.'
The
barrister said that Mr Lewis and his wife Marsha, an interior designer,
put the blame for the malfunctioning guttering on Mrs Fenton's own
wisteria plant, which they claimed was causing the blockage, and which
was none of their responsibility.
But Judge Bailey branded the extension as 'bog standard' and not in keeping with an area famed for its celebrity residents.
He found the gutter had been blocked by lack of maintenance and obstructed by pipes carrying water to and from a swimming pool.
The
judge said: 'Since Mr Lewis acquired [her home] she has found herself
embroiled in a number of disputes, which must have been very trying for a
lady of 84 years of age,' he went on.
'Mrs
Fenton first noticed damp in 2003 and raised the question of damp with
Mr Lewis in 2011, and proceedings were launched in 2014. She suffered
damp in two of the most important rooms in her house and her troubles
are not yet over.'
Criticising
Mr Lewis, the judge said: 'Any responsible householder knows that
gutters get blocked. It is unacceptable that, having built a gutter
right against his neighbour's wall, Mr Lewis didn't have a system of
maintenance.
'Mr
Lewis has shown himself to be incapable of maintaining the guttering,
even when it was clear that this litigation had been commenced,' he
added.
Paul's home is separated from the two homes in the case and was he was not involved in the case
Of
the extension the judge said: 'This was a bog standard construction,
not of good quality for a terraced house in Clapham, a semi-detached in
Ealing and certainly not in line with the quality of this detached house
in St John's Wood, which has been valued, modestly, at £20million.'
Dismissing
Mr Lewis's attempt to blame Mrs Fenton's wisteria he said: 'I reject
that argument - I don't accept that the wisteria was the primary cause
of the blockage at the rear of the gutter.
'It
was substantially cut back from time to time and I don't accept that it
could have contributed to blocking the gutter by growing into it.'
The judge ordered Mr Lewis to pay his neighbour £27,000 damages to repair her house, plus £50,000 for loss of amenity.
He
also granted an injunction, compelling Mr Lewis to have his extension
roof reconstructed and re-angled so that rainwater pours towards his own
property, not the house next door.
Mr Lewis was ordered to pay Mrs Fenton over £170,000 for her legal costs. His own lawyers bill is likely to be a similar sum.
The
judge concluded by saying that it would have cost Mr Lewis about £7,000
to get a contractor to fix the leaky gutter, and thus avoid the costly
court case.
Mrs Fenton said outside court afterwards 'I'm just very happy that, after years of litigation, I've won.'
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