A traumatised pensioner has told of her shock at being denied compensation from Exeter City Council after she was abruptly evicted from her flat and lost all her possessions after workmen disturbed asbestos.
Ruby Nickles was having a new kitchen fitted in her council owned flat in Woodwater Lane, Wonford, by contractors employed by ECC when the toxic material was disturbed. The new kitchen was being put in at the request of the council.
The 78-year-old was initially told to stay away from the flat for a couple of hours, along with her 31-year-old niece and five-year-old great-granddaughter who had been visiting, when the incident occurred on September 26, 2018.
However, half an hour later the three of them were told to come back and were stripped of all their clothes and belongings.
She recalled: “It was like a murder scene when I returned because the flat was barricaded up and they had tents up outside and people walking around in masks. I was left in an all-in-one white paper suit.
“It was traumatic. It felt like the same as a fire as I couldn’t have any of my things back. My niece, great-granddaughter and I also have the worry of whether our health will be damaged by the asbestos later in life.
“The council did say I could return back to the flat after it was safe to do so, but I couldn’t face going back there as it felt dirty and violated."
Mrs Nickles moved into the property in Woodwater Lane in April 2018, and says it was in a very bad state so with the help of her family she redecorated the property and the once the kitchen was replaced all the works would have been completed.
She recalled: “It took lots of hard work and my own money to get it to the standard I wanted. The contractors disturbed asbestos which the council knew was there. I lost literally everything because all my belongings were destroyed, including memories of my late son and husband.
"I was told I couldn’t take anything from the flat because there had been a very high level of asbestos contamination. You can’t a price on belongings I had that were memories."
Mrs Nickles said the council tried to temporarily home her in a half-way house which she refused so she stayed with family until a two-bedroom house in Wonford became available.
She said: “The council replaced the bare essentials and the rest was put on credit cards which I’m having to pay off, including the interest."
Mrs Nickles claims she was reassured by the council she would receive compensation. However, this week Mrs Nickles received an email from the council’s insurance company stating she would not been receiving any compensation.
She said: “They said it was because the contractors did the damage so the council is not liable, even though it was them who employed them.
"I feel let down by the council and I feel gutted because it was the council's fault, and it's not like I’ve asked for lots of money."
The email from Zurich said: “We must advise that there is no automatic right to compensation. It must be proven that our customer has been negligent.”
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It concluded that as the council had appointed ‘expert contractors’ to complete the works on its behalf liability by the council was denied.
In the email Mrs Nickles was advised to contact the contractor to pursue compensation, but says she has already made contact with them and their solicitor said the council has a duty of care as a tenant to reimburse her for her loses which they would then reimburse from them.
A spokesman for Exeter City Council said: “We are very aware of the situation of the family, and the team here at Exeter City Council have been working ‘above and beyond’ to help.
"There are some things we haven’t been able to resolve such as photographs because of the asbestos risk. Unfortunately, because of the legal proceedings being brought we can’t comment any further.”
