Dealing with Statutory and Discretionary Compensation Claims

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1 Dealing with Statutory and Discretionary Compensation Claims Policy ref: Compensation: Dealing with Statutory and Discretionary Compensation Claims Approved by: Operations Intelligence, Policy and Practice Manager Policy author/policy holder: Operations Intelligence, Date approved: 13 October 2016 Policy and Practice Manager Updated: Oct 2016 & Sept 2017 Date of next review: 30 September :: Purpose and anticipated outcomes The objectives of this policy are to: establish clarity around when we pay compensation; ensure we comply at a minimum with all statutory and regulatory obligations, and; provide a guidance framework for deciding the level of compensation payments we can make. 2:: Scope and definitions 2.1 This policy sets out the circumstances where compensation might be paid to a tenant or homeowner who occupies a property by way of a secure, assured, assured shorthold tenancy or lease with Knightstone Housing Group. 2.2 There are two types of compensation: Statutory compensation, which is a payment that we are obliged to make. These payments are laid down in law. In these circumstances we must make payments according to these requirements and we do not need to exercise our discretion; Discretionary compensation, which is a payment we choose to make. These payments are those that are additional to those prescribed by law and give an additional margin in order for us to rectify certain situations or circumstances. 2.3 This policy does not apply to anything that might give rise to a claim under our liability insurance. 3:: About this policy 3.1 Statutory compensation payments Right to repair All Knightstone tenants have the right to repair, secure tenants by law and assured tenants because we have granted it in the tenancy agreement. Please refer to online resources for most up to date version Page 1 of 9

2 Right to repair entitles tenants to a compensation payment if certain qualifying repairs, with a value of less than 250 are not completed within the agreed timescales. Qualifying repairs and prescribed timescales are set out in legislation and are set out below: Total loss of electric power Partial loss of electric power Unsafe power of lighting socket, or electrical fitting Total loss of water supply Partial loss of water supply Total or partial loss of gas supply Blocked flue to open fire or boiler Total or partial loss of space or water heating between 1 st Nov to 30 th April Total or partial loss of space or water heating between 1 st May to 30 th October Blocked or leaking foul drain, soil stack, or toilet pan (where there is no other working toilet in the property) Toilet not flushing (where there is no other working toilet in the property) Blocked sink, bath or basin Tap which cannot be turned Leaking from water or heating pipe, tank or cistern Leaking roof 7 days Insecure external window, door or lock Loose or detached banister or hand rail Rotten timber flooring or stair tread Door entry phone not working 7 days Mechanical extractor fan in internal kitchen or 7 days bathroom not working Where a repair has not been carried out by the second time limit as agreed between the tenant and the contractor, the statutory right to repair comes into being. If we fail to complete the work within agreed timescales at this second attempt there will be compensation payable as follows: A flat-rate payment of and 2.00 a day for each day the repair remains outstanding. The total amount of compensation payable will not exceed Any compensation paid as a result of contractor failure will be claimed back from the contractors wherever possible. NB. This provision under statute applies to repairs that affect an individual home only, not communal areas Right to compensation for improvements There are specific tenancies that do not allow changes and improvement work to homes. Request for changes and improvements to a home and compensation scheme payments ARE NOT available to: Please refer to online resources for most up to date version Page 2 of 9

3 starter tenancies during the first 12 months or any extension period that applies until the tenancy is changed to an assured tenancy; assured shorthold tenancies; demoted tenancies; family intervention tenancies; and specific schemes or tenancies such as sheltered properties at Stable Court. Leasehold and outright ownership properties are also excluded for compensation when an improvement or alteration is made to the property A tenant may be compensated for having made certain improvements to their home. Any improvement must be seen as adding value to the home and would be reasonable for an incoming tenant to use and benefit from. In order to qualify the tenant must have: prior written agreement from Knightstone to make the improvement in the first place and complied with all planning and building regulations. In considering making an award for compensation the following will apply: Where the tenancy terminates because of possession for breach of tenancy, no compensation will be paid. Compensation for improvements will be decided by Knightstone on the following basis: Improvement Budget Code Depreciation period in years Secondary glazing, double glazing or other Planned 8 window replacement Insulation & draught proofing (except Planned 5 cavity wall insulation) Complete bathroom suite replacement Planned 15 (bath, wash basin, wc excluding shower fitments) Kitchen sink/work surface/range of Planned 8 storage units Complete replacement of taps Response 8 Central heating, hot water boilers, electric Planned 10 heating (but not any type of individual gas fire) Complete kitchen replacement Planned 15 Thermostatic radiator valves Planned 8 Insulation to pipes, water tank or hot Planned 5 water cylinder Rewiring or extend/improve power and Planned 5 lighting circuits (including mains powered smoke detectors) Additional door and window locks Planned 5 New bath or wash-hand basin or wc Planned 12 Please refer to online resources for most up to date version Page 3 of 9

4 Where an improvement has deteriorated at a rate faster than the guidance in the above table, Knightstone reserves the right not to award compensation in strict compliance with the depreciation periods in the table Disturbance Allowances and Home Loss payments due to maintenance works that fall outside of the Responsive Repairs Service. Disturbance Allowances Where we carry out major repairs, alterations or improvement works to residents homes and we require the resident to move out temporarily or permanently in order to carry out the works, we will pay disturbance allowances. These allowances are intended to reimburse the resident for actual, reasonable, expenses incurred, or allow a notional sum where appropriate. The effect of the payment should be that the resident is in no worse or better position than they would have been if they had not needed to move. What are reasonable costs? Reasonable costs include: Removal costs. Disconnection and reconnection of essential supplies and telephone. Mail re-direction. Cost of some extra carpets and curtains where existing items cannot be reinstated. With prior agreement, any other reasonable costs. Reasonable costs do not include: Replacement goods or belongings. Weekly rent payments (although consideration will be made to rent costs if the move is temporary and the tenant is required to pay a higher rent which will result in them being worse off). We would not normally make any payment where the resident chooses to stay with family or friends although some local discretion can be used here. Any other loss that should be covered by the resident s own insurance policy. Home loss payments Residents may qualify for home loss payments where: The move is a permanent one, and they have held an assured tenancy of the affected property for one year prior to the date of the move. (If a succession has taken place within that year, the period of residence of the deceased tenant counts towards the one year qualifying period). The move is necessitated by the redevelopment, improvement, sale or demolition (although NOT major repairs) The amount available under home loss payments for tenants is determined by the Government who publish the prescribed amounts. This is currently paid at 6,100 per tenancy (not per tenant). For an owner occupier the amount is 10% of the market value of the owner s interest in the property subject to a minimum of 6,100 and maximum of 61,000. Please refer to online resources for most up to date version Page 4 of 9

5 Summary of disturbance and home loss payments Table One Circumstances for disturbance and home loss payments Resident s home becomes unfit to live in (i.e. no habitable rooms or bedrooms) due to fire, flood or major impact damage Disturbance payment for reasonable costs Temporary moves Permanent moves due to major repair works Permanent move due to redevelopment, improvement, or sale. Disturbance payment for reasonable costs and statutory Home Loss payment. If a resident has been notified that they will have to move in order for us to undertake major repairs/improvements to their home and then is evicted for some other reason (e.g. rent arrears) in advance of the work commencing, no disturbance allowance and/or statutory Home Loss payment will be paid. 3.2 Discretionary compensation payments We can make discretionary compensation payments where we have failed in our performance as a landlord, where someone has made a complaint, or circumstances exist where compensation is considered a fair remedy. Where a discretionary compensation payment is made as a result of a contractor or other third party failure, Knightstone will claim the cost back wherever possible. We recognise that our approach to discretionary compensation payments cannot be a one-size fits all approach. There may be elements of compensation that can be calculated using a formula but any payment will need to take into account the level of distress the failure has caused to the individual/s. This policy provides help to managers and officers for making consistent decisions on amounts to be awarded it is not prescriptive about exact amounts as that is not possible. The guidance framework can also be used in conjunction with case studies provided by the Housing Ombudsman service In calculating a discretionary compensation payment, managers and officers will consider two elements: a) The direct financial loss incurred or the compensation to be paid in line with Knightstone s recommended compensation calculation for service failure the guidelines for this are shown in paragraph through to b) The level of distress caused the guidance framework is shown in paragraph Compensation award = Amount A + Amount B Please refer to online resources for most up to date version Page 5 of 9

6 3.2.2 Direct financial loss Where a tenant has suffered a direct financial loss as a result of our service failure (e.g. lost income, missed appointment resulting in fine), we will reimburse those costs when presented with relevant proof of such a loss Loss of facilities to individual homes Where a tenant loses facilities for which they are paying rent, they should be compensated, assuming the loss of service is due to circumstances we have responsibility for and is not caused by tenant damage or negligence. Recommended compensation for service failure is currently as follows: Circumstance Compensation to be equivalent to formula shown below. (all amounts are based on a percentage of the daily rent rate) Example: No access to cooking facilities for 10 days Compensation = half of rent for + any direct costs incurred (reasonable costs). No sanitary provision of any type No supply of cold water No access to cooking facilities/kitchen No washing facilities No heating Examples Where temporary heating has been provided within 24 hours there is no compensation due, apart from the allowance for additional energy costs for running temporary heating. Where no temporary heating is provided within 24 hours then compensation is due at the daily rate up to one week. If there is an agreement, (with the resident), that no temporary heating is necessary, then no compensation is paid. Where someone has a need for heating outside of the winter period we will use our discretion. No hot water A level of distress assessment would also be carried out as part of the decision. A 100% rent rebate after 48 hours A 100% rent rebate after 48 hours A 50% rent rebate after 7 days A 50% rent rebate after 7 days A 100% rent rebate after 24 hours without any form of heating between October and April. then a 20% rent rebate after 1 week with no central heating between October and April. and The additional cost of running alternative supplies. Rent rebate of 20% after 7 days without hot water Please refer to online resources for most up to date version Page 6 of 9

7 Lack of habitable rooms Rent rebate of 20% after 7 days for each unusable living room or up to a maximum of 80% of the rent Loss of facilities within communal areas Consideration may be given to situations where there is a loss of facilities within communal areas such as communal entrance doorways and lifts that impact on issues relating to health and safety and security issues Loss of estate services Where an estate service paid for by residents through their variable service charge, is not provided or available for more than one week we will credit the service charge account for the period of time the service was not provided. This will be done through the surplus/deficit calculation in the following year. For example if the cleaning of communal areas of flats is not carried out for two consecutive weeks, tenants will receive a credit of the service charge for the second week and any subsequent consecutive weeks where the service is not provided. This will appear in the service charge calculation for the following year, reducing the overall amount payable that year. Where there is a failure of heating and hot water to a communal area for a period exceeding 24 hours and we do not provide alternative heating, residents should receive a refund pro-rata based on the weekly amount paid for this service Personal property and decorations We will consider paying compensation for damage to belongings or decorations if the damage has been caused by the negligent actions of any of the Group s staff or contractors. Residents are responsible for insuring all their own possessions as damage caused in any other way is not covered by our insurance Building defects (outside of new build contracts being covered by rectification periods) Compensation must not be paid to anyone claiming defective premises, unless the issue has first been reported to our insurers and those insurers consent to payment being made. All insurance claims must be dealt with by the Knightstone s Finance Department Level of distress caused - a guidance framework There are no hard-and-fast rules about the amounts that will be appropriate in making awards. They will depend on the circumstances of each individual case and must be appropriate and proportionate. Appendix 1 provides a guidance framework to help staff in coming to reasonable and consistent decisions on payments that could be made in recognition of the level of distress caused in individual cases. Please refer to online resources for most up to date version Page 7 of 9

8 3.2.9 Giving consideration to a claim a) Maintenance Partnership and Housing Management teams Lead Officers, (i.e. Housing and Maintenance Officers), assess and recommend compensation claims up to a value of 300 to a line manager. All considerations for compensation above 300 are assessed by a Manager or Team Leader. Their immediate line manager will determine whether this is part of an appropriate remedy and the amount that will be awarded. b) Supported Housing and Older Peoples teams Supported and Oder Peoples Support Workers and Officers liaise and collect information from their tenant(s). Their assessment report to approve or refuse the claim is passed to their manager for authorisation. Supported Housing and Older Peoples Managers assess and calculate compensation claims in place of their Support Worker and Officers. Their recommendation is passed to their line manager for authorisation. c) Homeownership Officers liaise with homeowners regarding compensation and insurance claims. Their assessment report to approve or refuse the claim is passed to the Team Manager for authorisation Making a payment. Compensation should be made direct to the resident by raising a Payment Request form or making a BACs payment. To help with quarterly reviews, the amount of statutory and\or discretionary payments are entered as part of the payment description on the form. For smaller amounts up to 50 we can make a payment through one of the following methods: Cash Decoration allowances Shopping or grocery vouchers Bonus bonds All awards will be accompanied by supporting documentation and the detail of the payment will be recorded. If the resident s rent account is in arrears, and the compensation payment can be used to clear debts owed to us, payments will be made by crediting the resident s rent account by the amount being awarded. Compensation paid for disturbance cannot be set off against any rent or service charge debts or other debts owed to us. Please refer to online resources for most up to date version Page 8 of 9

9 4:: Service standards, monitoring and review Service standards are set out for residents and these will be referred to when considering service failures. Customer Contact Manager reviews compensation payment awards on a quarterly basis to consider consistency in decision-making and share learning where appropriate. 5:: Legal considerations Statutory compensation requirements are covered by this policy. Other relevant legislation is listed below: Home loss payments regulations (Prescribed amounts) (England) 2015 Landlord and Tenant Act 1985 Defective Premises Act 1972 Environmental Protection Act 1990 Common hold and Leasehold Reform Act 2002 Equality Act Regulatory Reform (Fire Safety) Order 2005 (made under the Regulatory Reform Act 2001) Health & Safety at Work etc. Act 1974 Gas Safety Regulations 6:: Linked/associated policies and other references References Service Standards The Housing Ombudsman service at is a good source of information, providing a number of case studies Policies and Procedures Compensation: Dealing with Statutory and Discretionary Compensation Claims Procedure Compliments and Complaints Policy and Procedure Repairs and Maintenance Policy Decants Emergency Moves and Temporary Housing Policy and Procedure Tenancy Management Policy Tenancy and Estates Services Policy and Procedure Please refer to online resources for most up to date version Page 9 of 9

10 Appendix 1 Level of distress caused a guidance framework The guidelines must be interpreted according to the particular circumstances. Levels of distress caused Low impact I m sorry and Thank you I m sorry payments cover minor service failures that will normally be raised by the resident on or around the time it happened. We will not consider I m sorry payments if the customer has not raised the issue within 30 days of the Medium impact Medium impact service failure or complaints must be raised within 3 months of the incident. We will not re-open compensation decisions if the customer has not come back to us within 2s of High impact High impact service failure or complaints must be raised within 3 months of the incident. We will not re-open compensation decisions if the customer has not come back to us within 2s of our compensation proposal. incident. Thank you payments can be made where staff believe that someone has provided Knightstone with intelligence that allows us to resolve a developing issue that we are unaware of. our compensation proposal. Who triggers this payment? Resident contacts Knightstone. Knightstone or resident. Knightstone or resident. Criteria used to assess level of distress Severity of the mistake Distress/inconvenience caused Length of time suffered Number of people affected/vulnerability Failures in complaint handling Up to to 50 range 100 to 300 range Where the complainant has just cause but has not suffered significant inconvenience or distress as a result of the compensation event. The circumstances are such that although Knightstone accepts the service has not achieved the expected standard, the impact is no greater than a reasonably tolerant person could be expected to accept and the compensation constitutes a token in acknowledgement of the failure to perform. Where the compensation event is clearly an injustice to the complainant and the service has markedly failed to meet the required standards. A repeated failure by Knightstone to address the shortcoming, even of a low impact event, could give rise to consideration of medium impact level of compensation. In exceptional cases awards may exceed 300. Managers should use previous awards as guidance as well as Ombudsman case guidance. Please refer to online resources for most up to date version Page 10 of 9 These relate to a serious failure in service standards. It could either be the severity of the event or a persistent failure over a protracted time or an unacceptable number of attempts to resolve and address the complaint. Major impact could also apply where, by virtue of the actions (or inaction), of Knightstone the complainant has reasonably incurred expenses that are directly related to the compensation event. Such expenses shall also only be considered to the level that is considered commensurate with the event. For example, the engagement of a QC on a minor event would be considered excessive and unreasonable.