HT-2022-000311 & HT-2022-000254 - [2024] EWHC 3179 (TCC)

This is the flat of Sophia Smith, who gave evidence. At the time of the water ingress, Ms Smith was not living in the flat but her sister was. As the property is on the ground floor, it suffered only minimal paint damage. No claims were made for any remedial works but Ms Smith gave evidence as to her anxiety about the state of the building. It is well-established that sums awarded for distress and inconvenience are modest. In Ms Smith’s case there has been no physical inconvenience although there may be some when remedial works are carried out to the building. In closing submissions, Mr Levenstein put forward a figure of £500 and I will award that sum for distress and inconvenience.

When Ms Smith was cross-examined she was asked whether Click St Andrews had asked for access to her flat and whether she had been told that Click St Andrews should not be given access. She said that she had been asked for access and given it and it had never been suggested that she should not do so.