A BUSINESSMAN who splashed out £2.5million on a luxury London home is suing over an "unbearable" popping noise.
Nazirali Tejani bought the fancy apartment near Oxford Street in 2012 but has complained of disturbed sleep ever since he moved in.
The 70-year-old said the sound was similar to "popping bubble wrap" and is now suing the freeholder and developer for more than £1million in damages.
Mr Tejani said the noise runs through the entire flat and has meant he's lost out on money he could have made renting it out.
The tycoon, whose business interests include pharmaceuticals and property, also says the flat was worth £815,000 less than what he paid.
Other residents have described a similar noise – but despite extensive work the source was not found.
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However, Mr Tejani's lawyers believe the noise is caused by "defects in the design and/or construction of the façade of the building".
According to documents filed ahead of the trial, Mr Tejani first complained about the noise in 2016 – soon after the completion of Fitzroy Place.
Freeholder, Fitzroy Place Residential Ltd, and developer, 2-10 Mortimer Street GP Ltd, however deny liability in a High Court battle set to begin next month.
Timothy Dutton QC, representing Mr Tejani, said: "The timing of the noise is intermittent and noise level varies depending on the time of the year and time of the day.
"The noise occurs both day and night. It is loud enough to wake the claimant and his wife when sleeping.
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"The noise cannot be suppressed or masked and can be heard even if a television or radio is playing in the apartment and irrespective of whether internal doors are closed."
In September 2018, Mr Tejani wrote in an email: "The reason I keep nagging at this matter is because the noise is unbearable and I cannot stay in the flat any longer due to it."
His constant complaints meant contractors were brought in but their lack of findings left Mr Tejani no choice but to sue.
Mr Dutton claims the developer is in breach of its contract after failing to fix the problem and both developer and freeholder have a duty.
Mr Tejani claims he also lost out after spending more than £110,000 improving and furnishing the flat, and up to another £300,000 which he believes could have made in selling it on soon after it was built.
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Defending, Gary Blaker QC, denies there are any "defects in the design or construction of the building" and says Mr Tejani is due no compensation.
Mr Blaker also denies that any losses on the property were made
He claims Mr Tejani had rejected offers which would have seen him make a profit on the apartment.
And that the businessman also turned down offers to rent it because the offered rents were not high enough.
The defence lawyer said Mr Tejani had stayed there with his family on occasions which shows his claims are "inconsistent with the apartment being unfit for habitation"
The case is due to be heard next month by a High Court judge.
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