A couple were left with crippling debts after a costly court battle with their freeholder over the ownership of the front door to their home.
Geoffrey Thirlwell and Maria Smith became embroiled in a two-year legal dispute with Chelmsford Housing Partnership, after they refused to pay £1,200 for a new fire-proof door.
They claimed the existing door at their home on Mascalls Way in Chelmsford could simply be upgraded with fire-proof strips at a cost of just £30.
But the freeholder insisted the new door was a necessary upgrade and the couple, both aged 45, subsequently took the case to court.
The couple maintained that they owned the door, as was stated in their leaseholders’ handbook, and argued they were entitled to upgrade the door with fire-proof strips instead.
But at Chelmsford County Court this argument was rejected after CHP highlighted a clause in the contract which stated it was able to make “improvements to the flat” at its discretion.”
Following a hearing on July 30 this year, a judge found in favour of the housing partnership.
The couple were subsequently ordered to pay for the new door along with court costs of more than £26,000.
Mr Thirwell, a space imaging technician for a technology company, said he had since been forced to ask his elderly mother, who suffers from motor neurone disease, to lend him the money for the court fees.
He said he even feared he and his girlfriend would end up bankrupt and homeless over the dispute, adding that he was now taking anti-depressants for stress.
He told the Standard: “I feel absolutely awful. The whole situation has been dragging on for a couple of years.
“We find it totally unfair that the CHP have exploited their position.
“There was a clause in the contract which meant we had to pay.
“They should have advised us of this clause right at the start and have instead run up a massive bill, causing us financial ruin and the prospect of homelessness.”
He continued: "I want to highlight the excessive power that these companies have. It is impossible to work with them."
Ms Smith bought the property from Chelmsford Council in 1997 and the freehold was later transferred to CHP in 2003.
Kay Caldwell, CHP's director of housing, said: “Mr Thirlwell and Ms Smith would not comply with the terms of their lease and CHP had no choice but to take legal action against them.
“The Court granted an injunction to allow work to proceed and awarded costs to CHP.”
