BBCA couple have said they are “living in squalor” due to an 18-year-long dispute with their freeholder.
Amanda Hoyles, 58, and her partner Chris Davis, 51, allege poor upkeep and substandard insulation at their leasehold ground floor flat had caused damp and mould and they made their first complaint in 2007 “within months” of moving in.
North Devon Homes said there was “significant investment” ready for the work, but claimed the couple were refusing to discuss repairs for their Ilfracombe flat and had “made issues worse by not agreeing to pay for work set out in the lease”.
Describing it as a “shocking case”, a government spokesperson said: “No-one should have to experience this.”
The couple believe they live in one of the 30,000 homes in the UK with sub-standard insulation fitted under government schemes.
They said the insulation was commissioned by the freeholder – which owns the block of flats – and should never have been fitted.
North Devon Homes, the freeholder, accepted the insulation failed and it was responsible for that, but the parties disagree over how water first got into the cavity wall insulation.
The homeowners suggest water initially got into the cavity wall through a large crack in the render on the outside of the building, but North Devon Homes argues the water got in through the roof.
It said the leaseholders had refused to agree to contribute towards replacing the roof since they took over the lease many years ago.
Chief executive Martyn Gimber said the leaseholder had an “obligation to fairly contribute to improvements, replacements or major works in certain circumstances” subject to prior notice and agreement.
“We have had a very long running dispute over the works needed and have been unable to agree a fair contribution to resolve the root cause of the issues which are much wider than just cavity wall insulation,” he said.
“Leases can vary depending when they were first granted.
“Broadly, we the freeholder are responsible for the structural repair elements of the block and the leaseholder for the internals.
“The classification between repair and improvement and the root cause of how these issues originated are disputed and can cause tensions when trying to agree a resolution that is acceptable.”
Miss Hoyles said they would no longer engage with North Devon Homes because “they keep trying to insist that we are in some way liable for the cost and that is not what our lease allows for”.
“It allows for normal wear and tear and upkeep and this isn’t normal wear and tear and it’s done because there was a lack of upkeep,” she said.
Mr Davis said they had lived with the mould for 18 years and they could no longer decorate their home because it continually comes back.
He said they have had to hang clothes in the middle of the room so they were away from the walls, adding they live “like hoarders buried alive”.
Miss Hoyles said: “It’s like living in a squat.”
Mr Gimber said he did not want leaseholders or customers “living in damp mouldy properties”, but added North Devon Homes “still stands ready to either sit down and agree a way forward”.
He said this included jointly appointing experts to determine liability or pursue a solution through legal means.
The couple said they would never buy a leasehold property again and urged others to be cautious.
The case has been referred to the Housing Ombudsman.
Overhaul of system
A government spokesperson said: “This is a shocking case and no-one should have to experience this.
“The Housing Ombudsman has powers to resolve disputes with social housing providers, and we encourage concerns to be raised with them as soon as possible.
“It is clear an overhaul of the retrofit system and the consumer protection landscape is urgently required – we are bringing this forward as part of Warm Homes Plan.
“We’re also determined to protect leaseholders and anyone affected should contact their local council and the relevant accreditation body for support on enforcing guarantees.”
