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14-09-09, 01:52 PM
edinburghnews.scotsman.com - Edinburgh Evening News - 14-Sep-09
location: Restalrig, Edinburgh
Threatened at knifepoint: Life in terror tower (http://edinburghnews.scotsman.com/topstories/Threatened-at-knifepoint-Life-in.5643746.jp)
By VICTORIA RAIMES
A HOMEOWNER in the tower block "from hell" who has been threatened at knife-point, had her front door set on fire and been forced endure continual vandalism and graffiti is being taken to court by the council – after refusing to pay for any more damage.
Theresa Kershaw said she and husband John lived in "sheer terror" in Nisbet Court, Restalrig, where they are among a handful of residents who own their own home.
She says they suffer daily intimidation and anti-social behaviour while also being landed with soaring bills to fix smashed windows and clean away graffiti.
The 52-year-old has refused to pay any extra maintenance costs until action is taken to improve security in the block, but now faces being taken to court in November as the city council seeks to recoup her £3000 share of the bill.
Mrs Kershaw said today: "I have reached the end of my tether. I have no problem paying a maintenance charge every month but funding graffiti and yobs urinating is not something I am willing to do.
"It really adds insult to injury. First we have to endure this horrific situation – dog dirt all over the walls, spit slithering down the doors and noise through the night – then we're expected to pay for it. It is a nightmare, but I don't want to move because we have built our home here and we can't afford it."
Mrs Kershaw, who bought the flat in 2002 and pays a monthly £62 charge for maintenance, said fellow residents and visitors constantly cause trouble in the tower block, including urinating in the lifts, knocking down fire doors, burning their front door and smashing windows.
Just days ago Mrs Kershaw, who works in a pet rescue centre, returned to her flat to find 'Mistress Teresa' scrawled in big letters across the lift door.
Between 1 January and 31 March this year, 52 repairs were invoiced to the block of flats, resulting in an invoice of £6,000. The steep costs resulted in the Kershaws being charged an extra £700 in 2008 for damages, but they refused to pay up.
Mr Kershaw added: "Paying the extra costs were crippling. It is like having two mortgages to pay. Sometimes the expenses are so high they add up to more than our mortgage. We talk to the council about the unfairness of it all but they just don't listen."
Mrs Kershaw even believes residents are being billed for some work more than once. Recently she received a letter from the city council refunding £50.27 after she was charged for the same job three times. It read: "After further investigation I can confirm that you were incorrectly charged for this work. The City of Edinburgh Council has a duty to help prevent and detect fraud."
Mrs Kershaw said: "It happens all the time. If they have to go away and pick up a part or something they will charge for the whole repair again.
"It just doesn't seem fair. Four families in this block – including us – own their properties and yet we're still coughing up for acts of sheer vandalism. We just want to enjoy our homes in peace. They have CCTV in the block so why don't they identify the culprits and make them pay?"
Three years ago, Mrs Kershaw was even threatened with a knife by another resident, which resulted in her calling the police.
She said: "I'm already depressed and suffer from self harm but since all of these things have piled up I've had to be put on medication for anxiety. We live in fear and are constantly hounded."
Another tenant of the block, who asked not to be named, said the situation was a "living nightmare".
"I've only been here two months but I already want to leave. The dirt, graffiti and smell is too much. The atmosphere is terrible."
Mrs Kershaw is hoping that the result of the court hearing in November 24 mirrors that of Lee Morris, who last year won a six-year legal battle to reduce the amount of block maintenance he was paying after he believed he was being overcharged.
Mr Morris, 52, who lives in a flat in May Court, Pennywell, said: "I was getting charged for graffiti and vandalism but I refused to pay. Last September I at last won the right to pay a flat rate fee of £75 per month instead of £96, which I thought was pretty reasonable.
"Home owners shouldn't be charged for vandalism they are not responsible for."
Cllr Ewan Aitken, who was formerly Mrs Kershaw's local councillor, said he had sympathy for the couple.
He said: "Block charges are inherently difficult, especially when home owners and tenants are living together. Owners do feel aggrieved that they end up paying for the irresponsible actions of a small minority.
"In the end, what Teresa's campaign is down to isn't about the money – it is about rights for owners who want to live a peaceful life."
A council spokesman said they could not discuss individual legal cases. He added: "However, anyone who owns a flat in a block, whether in a tenement, a high rise block, or in other form of flatted development has a shared responsibility for costs relating to common areas along with all of the other owners.
"Where there is evidence that damage caused to common areas can be traced to specific individuals, then the owners can take action to recover costs from such individuals."
A police spokesman said: "We are aware of a number of incidents that have been reported to us by the complainer, and in every case the circumstances have been investigated and where a culprit has been identified, a report has been sent to the procurator fiscal.
"We are currently investigating a report of vandalism that happened on Friday within a common stairwell at Nisbet Court, in the Restalrig area. Anyone with any information that can help us should contact Lothian and Borders Police on 0131-311 3131."
LIVING THE HIGH LIFE AT NISBET COURT
Theresa Kershaw reveals snippets from her diary:
5 Sep: There was spit all over the door leading downstairs. The last time that happened it was crusted on the glass for months before it was cleaned off.
6 Sep: Another resident hosted a very large and loud party. When I knocked on the door, she came out and screamed that she was from Niddrie and could do whatever she wanted. I reported it to the police.
7 Sep: Woke to find crude graffiti on the fire door in the hall. Comments included '£5 for sex'.
8 Sep: More burn marks on the walls. It looks like cigarettes have been stubbed out.
10 Sep: Tired after I couldn't sleep due to loud music from a flat upstairs.
11 Sep: More graffiti has shown up in the hallway. I broke into tears when I saw that somebody had scrawled 'Mistress Theresa' on the lift door.
location: Restalrig, Edinburgh
Threatened at knifepoint: Life in terror tower (http://edinburghnews.scotsman.com/topstories/Threatened-at-knifepoint-Life-in.5643746.jp)
By VICTORIA RAIMES
A HOMEOWNER in the tower block "from hell" who has been threatened at knife-point, had her front door set on fire and been forced endure continual vandalism and graffiti is being taken to court by the council – after refusing to pay for any more damage.
Theresa Kershaw said she and husband John lived in "sheer terror" in Nisbet Court, Restalrig, where they are among a handful of residents who own their own home.
She says they suffer daily intimidation and anti-social behaviour while also being landed with soaring bills to fix smashed windows and clean away graffiti.
The 52-year-old has refused to pay any extra maintenance costs until action is taken to improve security in the block, but now faces being taken to court in November as the city council seeks to recoup her £3000 share of the bill.
Mrs Kershaw said today: "I have reached the end of my tether. I have no problem paying a maintenance charge every month but funding graffiti and yobs urinating is not something I am willing to do.
"It really adds insult to injury. First we have to endure this horrific situation – dog dirt all over the walls, spit slithering down the doors and noise through the night – then we're expected to pay for it. It is a nightmare, but I don't want to move because we have built our home here and we can't afford it."
Mrs Kershaw, who bought the flat in 2002 and pays a monthly £62 charge for maintenance, said fellow residents and visitors constantly cause trouble in the tower block, including urinating in the lifts, knocking down fire doors, burning their front door and smashing windows.
Just days ago Mrs Kershaw, who works in a pet rescue centre, returned to her flat to find 'Mistress Teresa' scrawled in big letters across the lift door.
Between 1 January and 31 March this year, 52 repairs were invoiced to the block of flats, resulting in an invoice of £6,000. The steep costs resulted in the Kershaws being charged an extra £700 in 2008 for damages, but they refused to pay up.
Mr Kershaw added: "Paying the extra costs were crippling. It is like having two mortgages to pay. Sometimes the expenses are so high they add up to more than our mortgage. We talk to the council about the unfairness of it all but they just don't listen."
Mrs Kershaw even believes residents are being billed for some work more than once. Recently she received a letter from the city council refunding £50.27 after she was charged for the same job three times. It read: "After further investigation I can confirm that you were incorrectly charged for this work. The City of Edinburgh Council has a duty to help prevent and detect fraud."
Mrs Kershaw said: "It happens all the time. If they have to go away and pick up a part or something they will charge for the whole repair again.
"It just doesn't seem fair. Four families in this block – including us – own their properties and yet we're still coughing up for acts of sheer vandalism. We just want to enjoy our homes in peace. They have CCTV in the block so why don't they identify the culprits and make them pay?"
Three years ago, Mrs Kershaw was even threatened with a knife by another resident, which resulted in her calling the police.
She said: "I'm already depressed and suffer from self harm but since all of these things have piled up I've had to be put on medication for anxiety. We live in fear and are constantly hounded."
Another tenant of the block, who asked not to be named, said the situation was a "living nightmare".
"I've only been here two months but I already want to leave. The dirt, graffiti and smell is too much. The atmosphere is terrible."
Mrs Kershaw is hoping that the result of the court hearing in November 24 mirrors that of Lee Morris, who last year won a six-year legal battle to reduce the amount of block maintenance he was paying after he believed he was being overcharged.
Mr Morris, 52, who lives in a flat in May Court, Pennywell, said: "I was getting charged for graffiti and vandalism but I refused to pay. Last September I at last won the right to pay a flat rate fee of £75 per month instead of £96, which I thought was pretty reasonable.
"Home owners shouldn't be charged for vandalism they are not responsible for."
Cllr Ewan Aitken, who was formerly Mrs Kershaw's local councillor, said he had sympathy for the couple.
He said: "Block charges are inherently difficult, especially when home owners and tenants are living together. Owners do feel aggrieved that they end up paying for the irresponsible actions of a small minority.
"In the end, what Teresa's campaign is down to isn't about the money – it is about rights for owners who want to live a peaceful life."
A council spokesman said they could not discuss individual legal cases. He added: "However, anyone who owns a flat in a block, whether in a tenement, a high rise block, or in other form of flatted development has a shared responsibility for costs relating to common areas along with all of the other owners.
"Where there is evidence that damage caused to common areas can be traced to specific individuals, then the owners can take action to recover costs from such individuals."
A police spokesman said: "We are aware of a number of incidents that have been reported to us by the complainer, and in every case the circumstances have been investigated and where a culprit has been identified, a report has been sent to the procurator fiscal.
"We are currently investigating a report of vandalism that happened on Friday within a common stairwell at Nisbet Court, in the Restalrig area. Anyone with any information that can help us should contact Lothian and Borders Police on 0131-311 3131."
LIVING THE HIGH LIFE AT NISBET COURT
Theresa Kershaw reveals snippets from her diary:
5 Sep: There was spit all over the door leading downstairs. The last time that happened it was crusted on the glass for months before it was cleaned off.
6 Sep: Another resident hosted a very large and loud party. When I knocked on the door, she came out and screamed that she was from Niddrie and could do whatever she wanted. I reported it to the police.
7 Sep: Woke to find crude graffiti on the fire door in the hall. Comments included '£5 for sex'.
8 Sep: More burn marks on the walls. It looks like cigarettes have been stubbed out.
10 Sep: Tired after I couldn't sleep due to loud music from a flat upstairs.
11 Sep: More graffiti has shown up in the hallway. I broke into tears when I saw that somebody had scrawled 'Mistress Theresa' on the lift door.