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Hollywood stunt couple sue surveyors after English country home hit by septic tank smell
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Hollywood stunt couple sue surveyors after English country home hit by septic tank smell Robert Bowen, was part of stunt teams nominated for industry awards for F1 and House of the Dragon - Bookmark - CommentsGo to comments Become an Independent member to bookmark this article Already a member? Log in A Hollywood stuntman who says his move to a £500,000 UK country home has been blighted by "overflowing foul drainage" from a septic tank is suing his property surveyors for £150,000. Robert...
Hollywood stunt couple sue surveyors after English country home hit by septic tank smell
Robert Bowen, was part of stunt teams nominated for industry awards for F1 and House of the Dragon
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A Hollywood stuntman who says his move to a £500,000 UK country home has been blighted by "overflowing foul drainage" from a septic tank is suing his property surveyors for £150,000.
Robert Bowen, a stunt performer who has won industry accolades and appeared in films including F1: The Movie with Brad Pitt, claims his 2023 move to an idyllic detached cottage in the Lincolnshire countryside, set in over four acres of land, has been ruined by sewage including "foul solids" escaping from his septic tank, which he claims will cost £25,000 to replace.
Along with his partner Lucy Vaughan, Mr Bowen - who also performed stunts for Disney's 2023 live action Little Mermaid as well as TV fantasy hit House of the Dragon - is suing Beehoo Surveying Limited for around £150,000, claiming their in depth pre-purchase report on the state of the house was inadequate and failed to flag up numerous serious issues.
As well as the sewage problem, the couple say the property is blighted by flooding, has a roof in such a state of disrepair that it needs replacing, has "defunct" solar panels, and windows and doors that do not open or close properly.
But lawyers for the Spalding-based surveyors say that, whilst some minor problems were missed, most of the issues including the septic tank were "not present" or "not detectable" when they carried out their inspection.
Mr Bowen was born in Derbyshire, but spent time taking part in extreme sports in numerous countries and training with Shaolin monks in China, before taking his talents onscreen with stuntman roles in Hollywood films, including F1: The Movie, Disney's 2023 live action The Little Mermaid remake, DC superhero action romp The Flash and numerous TV series, including Game of Thrones spin-off House of the Dragon.
He was part of stunt teams nominated for prestigious industry awards for F1 and House of the Dragon.
But the high-flying stunt performer and his partner came down to earth with a bump whilst "seeking a suitable family home" in the Lincolnshire countryside after paying £495,000 for a detached house on Fishtoft Drove, Frithville, with 4.7 acres of land.
In documents lodged with London's High Court, lawyers for the couple say that after buying the house they "noted a foul smell to the exterior of the property, together with overflowing foul drainage," leading to them commissioning an expert report and concluding that their septic tank was not fit for purpose and needed replacing at a cost of £25,000.
"At all material times, the defendant held itself out as experienced, skilled and competent surveyors,” say their lawyers.
"The claimants were at all material times residential purchasers seeking a suitable family home.
“On or about 29 March 2023, the claimants instructed the defendant to survey the property and to advise them about its structure and condition. The defendant was instructed to produce a report of Level 3, which is the most detailed report available.
"The express purpose of the contract as described therein was to provide the claimants with sufficient information in order to...make a reasoned and informed decision as to whether to go ahead with buying the property [and] make an informed decision on what is a reasonable price to pay for the property in that the report would provide a comprehensive overview of the condition of the property and its facilities.”
The documents go on to claim that numerous major issues with the property were missed, including a leaking roof, defective septic tank and problems with flooding, as well as serious defects with the doors, windows and chimney, which will cost £143,570 to put right, plus £3,000 for accommodation for the couple whilst the work takes place.
The couple's lawyers say the defects “existed at the time of the defendant’s inspection and were reasonably identifiable by a reasonably competent surveyor carrying out a Level 3 survey with reasonable skill and care."
"The claimants relied upon the report prepared by the defendant in that they would not have purchased the property had they been aware of the significant and numerous defects," their lawyers continue in claim papers.
Defending the action, lawyers for the surveyors admit "that the defendant should have but did not identify and report" potential issues with the chimney, flooding from the driveway, the pitch of the property's porch and an issue with one downpipe.
But they deny all the other allegations and deny that their omissions caused any loss to the couple.
In the written defence the company's barrister Pippa Manby says: "The defendant was performing a Level 3 survey inspection...Many of the alleged defects were not detectable within the scope of such a survey as ...they were not visible when making such inspection of the property as was reasonably practicable in the circumstances [or] they related to parts of the property which were inaccessible.
"The true cause of the claimants' losses, if any, are the seller in covering up damp and/or other defects, including by painting the property for sale [and] the claimants' solicitors in failing to raise and/or investigate certain matters including: the woodburning stove; the solar panels; and/or the flood risk at the property which would have revealed the issues regarding the septic tank; the double glazing in the windows; and/or driveway."
The surveyors' lawyers also accuse the couple of "failure adequately to maintain and/or repair the property" since the survey was carried out.
They also say the sums claimed are “excessive and/or disproportionate" and the claimed diminution in value of the property is disputed.
The claim and defence have been filed at the High Court but the case has not yet gone before a judge for consideration
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