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Poor Quality Housing Wrecks Senior Citizen's Life

Updated on February 7, 2014
Senior citizen Ivy (pictured) who has been involved in a legal wrangle about an apartment. Her face is obscured to protect her identity.
Senior citizen Ivy (pictured) who has been involved in a legal wrangle about an apartment. Her face is obscured to protect her identity.

Determined not to be a 'burden' on anyone

After 12 months of living in surroundings resembling a building site, 79-year-old Ivy finally decided enough was enough.

She chose, albeit reluctantly, to admit defeat and move in with her son, despite being fiercely independent and always determined not to be a "burden" on anyone, as she described it.

After her husband's sudden death, nine years earlier, she had struggled on for a year in their spacious house.

But it was too full of memories - not to mention too large for an elderly lady on her own - and she decided to rent an apartment instead through a local lettings agency.

It had all started well. With money in the bank from the sale of their house - albeit not as much as anticipated, because she sold to the first buyer at a knockdown price and there was still a mortgage outstanding - she managed to rent a compact apartment in the same neighbourhood.

Living in a medium-size town, which was pleasant enough, in the heart of the United Kingdom, she looked forward to enjoying her retirement in peace, able to visit and stay with her family, while retaining her independence.

Meticulous as she had been all her life, initially she worked out her savings should last around another 10 years, after which she "might" move in with one of her children, or in the worst case scenario into an old folks' home - something she had always dreaded.

"It would make me feel old," she would say.

Still walking some 10 miles a day for exercise, she didn't look her age and was fitter than many women half her years.

For a while life was good

The apartment was adequate and in a central location near to shops and bus routes, while the neighbours upstairs were a friendly young couple, for whom she baked cakes and watched their premises when they were on holiday.

For a while, life was good. She was able to spend her old age pension on what she pleased - the first time in her life she had ever had a little money to spare - while paying her rent and bills out of her savings.

With two adult children - a son and a daughter - she was often taken out to lunch and for drives and her grand-daughter was bright as a button and kept her on her toes.

But all was to change when the owner of the apartment above - a young business woman - decided she wished to move back in, having split up from her husband.

She gave the friendly young couple notice to quit and they had gone within weeks, leaving Ivy lonely.

The owner, who was not without money, spent a fortune on renovating her apartment before moving in.

Hammering, swearing and loud music filled the air

Ivy, her bedroom directly below the young woman's sitting room, suffered hammering, banging, drilling, shouting, swearing and loud music for 18 hours a day for around six months.

"Don't these people ever sleep?" she wondered.

The air was constantly filled with a cloud of dust as floors were ripped out and new ones put in.

Every piece of built-in furniture - even the sink and bathroom suite - were removed and dragged past Ivy's door, to be dumped in the garden outside her bedroom window, often not being moved for many weeks.

Not one to complain, she presumed it would get better once the renovations were complete and the owner finally moved in.

However, the situation deteriorated further as the building work continued and on three occasions, pipes were burst, leading to water pouring through Ivy's bedroom ceiling and down her walls.

All her treasured old photographs were ruined by the damp - not to mention her old wooden bureau, her only heirloom - the bedroom ceiling cracked from one side to the other and fungal, damp patches started appearing on the walls.

Polite complaints to the new resident were answered in a civil enough manner, with promises it would be "sorted out".

But it soon became apparent this was not going to happen and in a short time, her retirement haven had become a hell on earth.

Items of furniture were dumped in the garden for weeks at a time.
Items of furniture were dumped in the garden for weeks at a time.

Drunken revellers slamming doors at 5am

Ivy's drain blocked with cement and the guttering above her bedroom was left hanging off by careless roof repairs.

Soon, the young woman upstairs found a new boyfriend. Parties ensued on all nights of the week, when crowds of inebriated thirty-somethings would pile up and down the stairs at all hours, often leaving at 5am and slamming the front door loudly.

Sleepless nights became a matter of course - and Ivy could not even have a nap during the day because this was when the renovations continued.

The lettings agent was seemingly powerless to intervene because the apartment upstairs was privately owned and not their responsibility.

Finally, Ivy's own gas boiler broke irreparably and the lettings agent took more than a week to arrange to have it replaced, in the middle of a bitterly cold winter.

Ivy's health was beginning to suffer. She suffered high blood pressure, anxiety attacks and nightmares. She was then diagnosed as having a heart problem.

In addition, there seemed to be no sign of the anti-social behaviour upstairs stopping.

One day, looking round her apartment, with its damp walls, cracked ceiling and grey marks on the carpet where builders' dust had been trodden in, Ivy realised she could not take any more. The lettings agent had done nothing to alleviate the damp problems, nor repair her ceiling. She couldn't take any more and just wanted a quiet life.

She handed in her month's notice to the lettings agent and made immediate plans to finally move in with her son, who had a spacious house some 10 miles away.

He was always telling her, "Mum, your bedroom's waiting for you - just tell us when you're ready to move in."

Ivy in her youth with her son.
Ivy in her youth with her son.

"Sorry you can't move out," pensioner informed

No sooner had Ivy handed in her notice, however, than she received a phone call from an employee at the lettings office.

"I'm sorry, but you can't move out next month - your contract still has another ten months to run."

Ivy, baffled, said she understood she was on one month's notice.

"Oh, no, that's only AFTER your contract expires," explained the lettings clerk cheerfully.

With her health deteriorating mentally and physically - and her savings dwindling to pay rent for a home she now loathed and which made her ill - Ivy believed she had no choice other than to move out.

"No-one ever explained this to me," she protested tearfully.

But the lettings clerk remained unmoved.

"It was all there in the contract you signed," she said firmly. "I'm sorry, but you have to see out your tenancy. You'll still be liable for the rent even if you move out."

Ivy was devastated.

Moving in with her son had been a light at the end of a very black tunnel.

But due to her naivety in not properly reading the contract, she was tied to an apartment which she had grown to detest.

She had not understood she was subject to a long term tenancy which was renewed every 12 months. She had never taken out a tenancy before.

When she first signed up, Ivy trusted the clerk who handled the paperwork and did not bother to read the small print.

She recalled the words "one month's notice" but did not realise this meant after each 12-month tenancy period was completed.

The lettings clerk had informed her the contract was "just a formality" and "nothing to worry about" and Ivy had trusted her, signing it without question.

Lettings agency bombarded pensioner with cash demands

Coming from an era when an appointment at the bank actually meant to see your bank manager, in the days before call centres, automated telephone helplines and the internet, Ivy had always relied on personal service and integrity.

"How could I have been so foolish?" she said to her kids.

She knew, of course, she could not see out the tenancy. Her health - with more
frequent hospital and doctor's appointments - dictated that she needed to move in with her son sooner rather than later.

So she simply reiterated to the lettings agency that she had to move out for health reasons and stopped the direct debit at the bank.

For the next six months, Ivy was continually bombarded with letters from the lettings agent, reminding her of her liability to pay the rent. Apparently, no-one else had moved in and the apartment was empty - but who would move in when it was so damp and musty, she wondered?

No repairs were carried out and the place was not even given a coat of paint, she learned.

Demands for payment from debt collectors were soon arriving through the letterbox, chasing up the rent.
Demands for payment from debt collectors were soon arriving through the letterbox, chasing up the rent.

Court action threat to "recover losses"

Her daughter finally went to see the lettings agent and was told "off the record" that they would not pursue Ivy for the rent, because they realised she was elderly, ill and that it was a lot of money, especially since she had left the apartment long ago.

"You can't get blood out of a stone," the counter clerk told Ivy's daughter.

As time passed and lives moved on, with Ivy finally beginning to recover her good health and humour some months later, the lettings agent hit her for six.

Right out of the blue, when nothing had been heard for months, they had passed her "case" on to their legal department, who had decided to take her to court to recover their losses in terms of the rent.

Ivy nearly fainted. How could a large, national company such as this sue an elderly woman who had become ill through living in their rented property? What could they possibly hope to get out of it?

Legal advice was hastily sought - surely it could be proven that living in a damp, noisy flat was unsuitable for a lady of that age?

But all roads led back to the contract Ivy had innocently signed - having no idea she was "signing her life away", as she later described it.

In a court of law, she would lose, she was informed.

A life shattered by not reading the small print

Her options were very limited.

She could either pay back the outstanding rent - which ran into thousands of pounds - by an informal, out of court agreement with the lettings agent, even though she was no longer living in the property at that time.

Alternatively, she could let them take her to court and hope the judge accepted her version of events.

Or finally, she could declare herself bankrupt. Her daughter advised the latter.

But Ivy is loathe to do this.

"It will mean my name going in the local paper," she explained. "I would lose my dignity. I just can't do it."

So now, when she should be enjoying a peaceful and happy retirement with her family, Ivy has the threat of a court case hanging over her as the legal wrangle continues indefinitely.

Anyone looking to take out a tenancy - or indeed sign any documents with legal repercussions - should always read the small print. Make sure you know what you are signing before putting pen to paper.

In particular, elderly people who are concerned they might not understand need to have someone with them who can check out the fine details before they sign on the dotted line. It could have life-shattering consequences.

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    • K L Evans profile image
      Author

      Karen Evans 3 years ago from Lancashire, England

      Yes, I agree - the fine print is often tying you up to a contract that is almost impossible to get out of if things go wrong, which in this case they did, very badly. But as you say, elderly people can be too trusting.

    • dearabbysmom profile image

      dearabbysmom 3 years ago from Indiana

      Excellent advice to have someone help read all the fine print. Some companies rely on senior citizens to NOT do so, knowing they can easily mislead them. For shame.