A social housing tenant’s bid to sue their landlord has failed spectacularly.

A statement from Mid-Devon council says the unnamed tenant was persuaded by a no-win no-fee solicitor to sue the council with allegations of disrepair, which triggered a legal case which extended over 16 months.

It was eventually settled out of course when the tenants offered a settlement to avoid prolonged legal proceedings. Far from the renter getting a payout from the council, the court ordered the tenant to compensate the local authority with £4,735 towards its costs.

What’s more, it’s the second time in a year that the same council has won compensation following a tenant’s unsuccessful bid to sue.

In the most recent case the council faced allegations of property neglect leading to various issues including defective brickwork, mould, dampness, and a shower room leak. However, the council’s repairs history demonstrated that it has taken pro-active measures to address concerns, including ventilation improvements and proposed upgrades to the property.

Despite a breach in the pre-action protocol by the claimants’ legal representation, which hindered a joint expert survey, the council’ won the case using expert opinions supporting its stance. There was no evidence of moisture transfer from outside the building, there was no leaking pipework in the shower room and the condensation related mould was not as a result of any defect or failure to provide adequate ventilation.

A council spokesperson says: “Although we were able to successfully defend this claim, I don’t think there are any winners in cases such as these. We know that the process was stressful for our tenants and it did not achieve the outcomes they were hoping for, serving only to delay some much needed social support.

“Moving forward, we aim to continue working collaboratively with tenants, offering tailored support to address repair, damp, and mould issues effectively. Tenants are encouraged to get in touch with us for assistance and guidance.”