 Tenant Mary McDonald has won her case against GHA |
A sheriff has ruled in favour of an 86-year-old woman who refused to pay a �277 repair bill to Glasgow Housing Association (GHA). It took Mary McDonald to court to retrieve the cost of repairs after the home she owns in the Knightwood area of the city was targeted by vandals.
Mrs McDonald accused GHA, which owns the tenement block, of failing in its duty of care by delaying repairs.
Sheriff Martin Jones QC ruled GHA had breached its contract with the OAP.
Mrs McDonald, who suffers from hearing difficulties and osteoporosis, began receiving repair bills from Scotland's largest housing association in 2003 after vandals began targeting the property.
 | I like staying where I do and it came to the stage with the vandals, and having to always pay for repairs, that I thought I could take no more. |
Glasgow Sheriff Court was told how teenagers would regularly drink alcohol, smash windows and doors in the property and toss rubbish in gardens.
As the sole homeowner in the tenement block the housing association instructed Mrs McDonald that she would be liable for repairs.
But when the landlord delayed work to repair a front door which lay broken for three months allowing easy access into the block, Mrs McDonald and campaigners argued that she should not have to pay.
Let down
Sheriff Jones QC brought mass cheers from the pensioner's supporters in the public gallery as he found in her favour.
He said: "I preferred the evidence from the defence about the vandalism and the time it took for repairs."
Speaking outside the court on Friday, Mrs McDonald said: "I like staying where I do and it came to the stage with the vandals, and having to always pay for repairs, that I thought I could take no more. I am delighted that the sheriff found in my favour."
Housing campaigner Sean Clerkin, who acted for Mrs McDonald, accused GHA of failing to provide "proper duty of care for a vulnerable old lady".