Statutory Compensation

Legislation exists to financially compensate tenants in a number of situations, outlined below.

Home Loss

The circumstances under which payments relating to Home Loss will be paid are set out in our Decant Policy.

Disturbance Payments

The circumstances under which disturbance payments will be paid are also set out in our Decant Policy.

The Right to Repair

Tenants may be entitled to compensation for a listed range of certain repairs or maintenance problems affecting health, safety or security if our Housing Service fails twice to complete a repair within the prescribed timescales. In order to qualify under this scheme, the estimated cost of the repair should be £250.00 or less, and should be included in those listed in our Right to Repair Policy.

Compensation for Tenants’ own Improvements

Tenants have a contractual right to claim compensation at the end of their tenancy for ‘qualifying improvements’ they have carried out to their home.

Compensation for late or missed visits

You can claim a compensatory visit for missed or late visits, with payments depending on whether the repair falls under the Right to Repair Scheme. These payments vary between £10.00 and £50.00. For more information, see Compensation for late repairs.

Discretionary Compensation

Any discretionary award for activities or lack of performance not included within the Tenant Statutory Right will be determined by the Head of Housing and Property Services.

Circumstances where claims for compensation will not be met:

  • The loss or damage is a result of routine failure of a building’s component, fixture or fittings where our Housing has not been negligent
  • Where non-availability of parts or materials prevents our Housing Service completing repairs within the published repair timescales and the tenant has been kept fully informed
  • Where service failure is the result of extreme or unforeseen conditions (such as weather conditions), where we have taken all reasonable steps to restore services or facilities under the prevailing conditions
  • Where service failure is due to interruptions in gas, electricity or water supplies as a result of the non-performance of utility companies, or through the action of the tenant
  • Where the loss or damage is the tenants’ own fault, including the failure to report repairs in a timely manner or to keep appointments
  • Where the loss or damage arises from an alteration or repair, which the tenant has arranged privately or carried out themselves
  • Where the loss or damage is due to acts of negligence by a third party, for example, a visitor or contractor who's not acting on behalf of the council
  • Where we have acted reasonably and complied with our legal and contractual liabilities
  • From loss or damage to personal possessions stored in a council garage, outhouse, or shed

General

External Contractors

We will ensure that all contractors carry Public Liability Insurance and they have a clear and appropriate Compensation and Complaints Policy. Where a claim is made in respect of personal injury, damage to possessions or other financial loss alleged to have been caused by a council contractor’s negligence, we will not accept liability for the claim, but will refer the claim to the contractor themselves.

Home Contents Insurance

Tenants are encouraged to have home contents insurance to cover their personal belongings and cost of interior redecoration in the event of damage. Our Housing Officers will promote and encourage the tenant to take up contents insurance during their contact with tenants, especially during the signup stage.

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