A tenant of Mid Devon Housing, an arm of the local Council, has been ordered to pay £4,735 in legal costs to Mid Devon District Council following an unsuccessful lawsuit alleging property disrepair. The litigation, which extended over 16 months, concluded without a trial at Exeter County Court after the tenant opted for a settlement to cease prolonged legal proceedings.

The lawsuit claimed numerous issues in the Council-managed property, including defective brickwork, persistent dampness, and a leaking shower room. Despite these allegations, evidence provided by the Council showcased a history of proactive repairs and upgrades, indicating diligent management of the property's condition.

Councillor Simon Clist, Deputy Leader and Cabinet Member for Housing and Property Services, remarked on the case's resolution, stating, "Although we were able to successfully defend this claim, I don’t think there are any winners in cases such as these. The process was stressful for our tenants and did not achieve the outcomes they were hoping for, serving only to delay some much needed social support.”

The Council's defense was bolstered by expert opinions and records, showing no external moisture penetration or defective plumbing contributing to the claimed conditions. Furthermore, the Council highlighted a breach of the pre-action protocol by the tenant's legal team, which obstructed a potential joint expert survey that could have facilitated a resolution.

Looking ahead, Councillor Clist emphasized the Council's commitment to cooperative engagement with tenants to address and resolve issues related to property upkeep. "Moving forward, we aim to continue working collaboratively with tenants, offering tailored support to address repair, damp, and mould issues effectively," he stated.

Mid Devon District Council maintains clear policies for complaints and compensation, ensuring tenant grievances are addressed promptly, typically within ten days, with the option to escalate unresolved issues to the independent Housing Ombudsman Service. This incident serves as a reminder of the complexities and potential consequences of legal actions in tenancy disputes.