An Essex family have been left “gobsmacked” after they tried to sue their former landlord but ended up paying her £3,500.
The Chelmsford Weekly News reports that Zena and Derek Smith sued their ex-landlord Choy Wong after they incurred huge heating bills because their home did not have sufficient heating.
However, a judge found in the landlord's favour because the family could have left the property at any time in order to save money.
Mr Smith, 50, told the local paper: “I am gobsmacked by what has happened. We have been told that we should have left the place, walked out and lost our deposit. We’re being penalised for trying to help ourselves as much as we can. Why would we do that? If we made ourselves homeless, we wouldn’t be entitled to any help. And to be frank, we couldn’t move out because we couldn’t afford to get another deposit together.”
The Smiths and their 14-year-old son lived in the house in Queensland Drive, Colchester, from April 2010 to April 2013.
But District Judge Simon Mitchell said: “The contractual liability of the landlord only lasted until April 25, 2011. From that day, you were no longer obliged to be there – you did not have to give any notice to leave."
Mitchell ordered a £900 deposit be returned to Wong and said the Smiths must pay £2,590 in unpaid rent.
The family had hoped to claim £1,799.84, which they spent on heating the home using one electric fan heater during their time in the home.
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Comments
Gobsmacked huh, that they have to pay their rent. What were they expecting. Couldn't afford to move? What about the £2590 in unpaid rent then, that would have helped.
Always someone else to blame isn't there crap tenant.