SHEPHERDS BUSH HOUSING ASSOCIATION COMPENSATION POLICY

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1 (UNCONTROLLED WHEN PRINTED) SHEPHERDS BUSH HOUSING ASSOCIATION 1. INTRODUCTION Shepherds Bush Housing Association (SBHA) is committed to consistently providing a high quality service to our customers. We recognise that occasionally errors and service failures may occur, and it may sometimes be appropriate to offer compensation. This policy outlines the provision for compensation and redress to be made to customers where they have experienced financial loss or acute inconvenience due to service failure, poor performance or unavoidable disruption. 2. AIMS This policy aims to: Establish when compensation may be due Define standard levels of compensation Establish arrangements for claiming compensation Ensure compensation is paid fairly, consistently and impartially 3. COMPENSATION SBHA may compensate for tenants improvements, untimely repairs, service failure, and decants, major works and other circumstances as set out below. Compensation will be awarded in a manner which is fair, appropriate and proportionate, representing value for money in the way we manage our resources. Compensation may be statutory (i.e. the law obliges us), contractual (e.g. our tenancy agreement requires us), or discretionary (e.g. the circumstances dictate that it is appropriate). SBHA will advise customers of their right to compensation when appropriate, and any actions necessary to claim. Customers must request compensation within a prompt timescale. We will not normally compensate in respect of an event or service failure which occurred more than three months previously. 1

2 4. TENANTS IMPROVEMENTS This is a contractual right for Assured and Secure lifetime tenants only Tenants who have made certain improvements to their homes may be entitled to compensation at the end of their tenancy where they can demonstrate improvements were made with our permission, subject to certain conditions. Compensation will not be paid where residents are evicted or acquire their home, and will be calculated to reflect the gain to SBHA over the remaining lifetime of the improvement. We will advise tenants upon request of which improvements qualify for compensation, and any other relevant details. Refer to Compensation Guidance for Tenants Improvements for further information. 5. TENANTS KITCHEN AND BATHROOM REPLACEMENTS This is a discretionary offering for tenants Tenants who are due to receive a replacement kitchen or bathroom through the kitchen and bathroom planned works programme may in certain circumstances be able to install a replacement themselves and receive a fixed contribution towards the costs from SBHA. Tenants must be due to receive a replacement kitchen or bathroom through the programme within the next two years in order to qualify. Tenants will need SBHA s permission in advance of works, which will need to meet certain standards. Tenants will need to request payment and SBHA will require copies of relevant works certificates and may need to inspect works to confirm that they have been completed satisfactorily before issuing payment. Any contribution paid for these works is in lieu of compensation for Tenants Improvements. WORKS Kitchen replacement Bathroom replacement CONTRIBUTION 1,800 fixed sum 1,200 fixed sum Refer to the Kitchen and Bathroom Planned Works Policy for further information. 6. REPAIR DELAYS This is a contractual right for Assured and Secure lifetime tenants only Tenants who have requested certain repairs may be entitled to compensation where the 2

3 repair is not completed within our published timescales, except where we have notified tenants of further work required over a longer period. Compensation will not be due where there are exceptional reasons for the delay (such as inclement weather), or where the delay is attributable to the tenant (such as no access). SBHA offer a discretionary right for all tenants which meets or exceeds these obligations. Refer to the Service Failure table below for further information. 7. SERVICE FAILURE This is a discretionary offering Service failure occurs where SBHA fail to meet our own service standards, either through our failure to achieve a specified level of service or to adequately address an issue which is our responsibility. SBHA s first priority is to resolve and address service failures; we will not offer compensation in every instance. Compensation will only be made where we are fully or partly at fault, and will not usually be made where we could not reasonably have known of the failure. Compensation will be proportionate to the failure and its impact, and may take the form of services in kind rather than a financial payment. We will not compensate for minor or proportionate inconvenience arising as a result of works. We will usually require proof of service failure or liability, and it will ultimately be the customer s responsibility to provide this. Compensation for certain service failures, such as failure to keep an appointment or to achieve published timescales, will use a standard tariff of payments as listed below. SERVICE FAILURE Failure to keep to published or advised timescale when dealing with a complaint Failure for SBHA to keep a booked appointment or to cancel or postpone with at least 24 hours notice Failure to avoid unnecessary repair appointment, attending without the parts we identified as required or to re-inspect or re-measure without good cause Failure to complete repair within published timescale Loss of service charged facilities or services owing to avoidable service failure COMPENSATION , plus 2 for every working day, up to a maximum 50 Cost of service for period of failure 3

4 In instances where a customer fails to keep an appointment with SBHA or its contractors, or to cancel or postpone with less than 24 hours notice barring exceptional circumstances, SBHA will seek to recharge the customer 25. Where there is a charge or loss to SBHA of greater than 25 for the missed appointment then the customer may instead be recharged that cost. These recharges if unpaid will be offset against any compensation due to a customer. A relevant manager, Head of Service or Director may waive a missed appointment fee, giving consideration to customer vulnerability and other relevant factors on a case-by-case basis. 8. GOODWILL GESTURES This is a discretionary offering SBHA may make ex-gratia goodwill gestures or payments where we consider it morally appropriate, without recognising any liability or obligation. Goodwill gestures or payments will not be made where other relevant compensation is afforded, and are at the discretion of a relevant manager, Head of Service or Director. 9. CONSEQUENTIAL EXPENSES This is a discretionary offering for tenants Expenses are reasonable and unavoidable costs incurred at the customer s expense due to SBHA s action or inaction. Tenants may incur certain routine expenses relating to repairs or utilities as an operational necessity. We will use a standard tariff of payments as listed below to ensure that tenants are not out of pocket as a result of incurring these unavoidable expenses. Expenses are paid on a discretionary basis and we will not usually cover any expenses which are not detailed below or otherwise agreed in advance. We will require receipts or proof of expenditure for any expenses incurred. EXPENSE Redecoration where damaged by works Cost of electricity for communal lighting where powered by a resident s meter Loss of metered water due to SBHA s negligence COMPENSATION Up to 100 per room 10 per quarter per bulb Estimated value of loss 4

5 10. RENT ABATEMENT This is a discretionary right for tenants Tenants who are unable to use part of their property due to major works or repairs causing a prolonged and unreasonable disruption for which they have not been moved temporarily may have their rent abated on request. The rebate will apply only to the net rent, excluding service charges. Some disruption is inevitable, so where loss occurs through major works the rent can be abated only after 14 days, while for routine repairs only after 28 days. UNUSABLE AREA BEDSIT / STUDIO 1 BED PROPERTY 2 BED PROPERTY 3+ BED PROPERTY Any part of Bedsit / Studio 60% Total loss of Kitchen 40% 30% 30% Bathroom 20% 20% 20% Living room 20% 20% 20% Bedroom x 1 20% 15% 10% Bedroom x 2 15% 10% Bedroom x 3+ 10% 11. HOME LOSS PAYMENTS This is a statutory right for tenants and leaseholders Home Loss Payments are made to tenants, 100% leaseholders and shared owners who are required by SBHA to permanently move home due to demolition, sale or major works. Home Loss Payments will be made only where required by law and are made to compensate for disruption and upheaval. TENURE PAYMENT Tenants Fixed sum of 5, % Leaseholders 10% of value of property, capped between 5,800 and 58,000 5

6 TENURE Shared Owners PAYMENT 10% of value of share of property, capped between 5,800 and 58,000 The level of payment is periodically set by government and depends on tenure; levels shown are correct until October Refer to the Decant Policy for further information on entitlement. 12. DISTURBANCE PAYMENTS This is a statutory right for tenants and leaseholders Disturbance Payments are compensation for the expenses incurred in moving home, such as removal, utility disconnection and reconnection, decoration and fixtures. Disturbance Payments are made only when the tenant or leaseholder is moving due to demolition, sale or major works, and may be paid to move both to and from a property for a temporary move. Disturbance Payments reflect the actual expenses incurred by the tenant or leaseholder, ensuring that they are not out of pocket as a result of the move. Replacement of items rather than reinstallation will be considered where cost effective. ITEM Removals Storage Phone, cable and broadband TV aerial and satellite ARRANGEMENTS SBHA will arrange and pay for removals as required. Residents may arrange for removals themselves subject to use of an SBHA approved contractor, and we will reimburse up to 750. SBHA will pay for the storage of items which cannot reasonably be taken to a temporary home or stored in other rooms of the property. For example, where a resident has agreed to smaller temporary accommodation or to stay with friends while works are undertaken. SBHA will pay for the disconnection and reconnection of a telephone line or cable connection as appropriate. SBHA will arrange and pay for a TV aerial to be fitted as appropriate. We will not usually reconnect a satellite dish for temporary decants, but will provide a digital terrestrial set-top box if required. We will refund the resident any subscription TV costs for the period where unavailable. 6

7 ITEM Cooker, washing machine and dishwasher Carpets and flooring Curtains and blinds Redecoration Security features Mail redirection ARRANGEMENTS SBHA will arrange and pay for a suitably qualified professional to disconnect and reconnect the cooker, washing machine and dishwasher. We will provide an alternative cooker if the existing cooker can t be connected due to a difference in fuel supply. We will only reconnect a washing machine and dishwasher where there is a suitable space in the kitchen. Where a resident is to be decanted permanently, we will pay for alteration or replacement of carpets and flooring as necessary. Where a resident is to be decanted temporarily, the temporary property will be furnished by SBHA with carpets and flooring as appropriate. Carpets and flooring in the resident s home will be stored or protected for the duration of the works. Wherever possible, the resident s carpets and flooring will be refitted at the conclusion of the works. Where this isn t possible we will provide adequate floor coverings for kitchens and bathrooms, and reimburse the costs of other carpets based on what they were worth, calculated on a depreciated basis. Where a resident is to be decanted permanently, we will pay for alteration or replacement of curtains and blinds as necessary. Where a resident is to be decanted temporarily, the temporary property will be furnished by SBHA with curtains and blinds as appropriate. Curtains and blinds in the resident s home will be stored or protected for the duration of the works. Wherever possible, the resident s curtains and blinds will be refitted at the conclusion of the works. Where this isn t possible we will reimburse the costs based on what they were worth, calculated on a depreciated basis. SBHA will only redecorate properties after works where the original decorations have been affected. If any decorations are damaged, we will make good any damage. Residents may decorate themselves and we will pay an allowance of up to 100 per room. SBHA will consider moving burglar alarms on a case by case basis. SBHA will refit security bars and grilles to a basement flat on a case by case basis as appropriate. SBHA will pay for mail to be redirected for up to six months. 7

8 ITEM Uniforms and transport Other fixtures and fittings ARRANGEMENTS SBHA will only pay for new school uniforms where residents are required to move their children to a new school as a result of a temporary move. We will also pay additional travel costs incurred in travelling to school or work in such a situation where provided with sufficient evidence. SBHA will give consideration to other fixtures and fittings as appropriate. We will consider installation of a shower where there is a medical, cultural or religious need. 13. CLAIMS FOR DAMAGE SBHA expect and advise customers to have contents insurance to cover unexpected damage to their belongings. We will only compensate for damage to customers belongings in exceptional circumstances and where either the cause was reasonably foreseeable by us, or attributable to negligence on our part. In such circumstances the customer must prove both damage and negligence. We will not usually pay a customer s excess where they must claim against their contents insurance. Compensation can be complicated by matters of fault and liability, and so each case will be considered on its merits. Where there are differences in facts and interpretation, we will try to reach agreement but the final decision will be ours. Any compensation will be on a like-for-like basis taking into account depreciation, or we may elect to make good ourselves. Customers must make a claim directly to the contractor where damage is the result of a contractor. We will not usually intervene or become involved in such disputes where we are not contractually accountable. 14. CLAIMS FOR PERSONAL LIABILITY SBHA maintain liability insurance to cover instances where a customer suffers loss or personal injury due to our negligence. We will involve our insurer in all personal liability claims, whether settled in court or otherwise, and will take guidance from our insurer on the extent of our responsibilities when investigating any claim. SBHA may settle a personal liability claim out of court where we reasonably believe that we were culpable and in breach of our duty of care; any payment will be made in full and final settlement of the claim and in accordance with our insurers. 8

9 15. REQUESTING PAYMENT Customers must request compensation in all instances where it is or may be due. Statutory payments must be claimed by tenants and leaseholders using a specific form, while discretionary payments may be requested by customers verbally or in writing. SBHA offer discretionary compensation on a first refusal basis; if a customer does not accept compensation when initially offered they cannot accept or request it at a later date. We may make acceptance of compensation contingent on resolution of a complaint, claim or dispute as full and final settlement. In such circumstances proposed settlement will be made clear to the customer at the point of offering compensation. Where a customer instructs a solicitor to pursue a claim for compensation on their behalf we may also pass the matter to our solicitors. 16. MAKING PAYMENT Any financial compensation may be offset against the customer s rent arrears or other debts to SBHA and its subsidiaries, including missed appointment charges. This will usually be the case unless doing so is considered to give rise to financial hardship where compensation pertains to expenses incurred by the customer. We will offset against rent arrears regardless of customers receipt of Housing Benefit or Universal Credit, but will not usually offset against arrears arising temporarily as a result of the Housing Benefit payment cycle. Payment of financial compensation may be made to their rent account for residents, to a bank account, or in the form of a cheque or voucher as desired by the customer. 17. MANAGEMENT DISCRETION A relevant Director may exercise discretion as appropriate where application of this policy would lead to an inequitable outcome. 18. EQUALITY AND DIVERSITY SBHA will ensure that this policy is applied fairly and consistently. We will not directly or indirectly discriminate against any person or group of people in line with our Equality and Diversity Policy. We will act sensitively towards the diverse needs of individuals and communities and will take positive action where appropriate. 9

10 19. TRAINING SBHA will provide all staff responsible for implementing this policy with comprehensive training as required. 20. MONITORING SBHA will monitor compensation requested, refused and awarded, the form and level of compensation and the reasons for this. We will report on our performance to our Senior Management Team and Board on a regular basis. 21. REVIEW SBHA will formally review this policy every three years, unless changes in legislation or regulation require an earlier review. We will review the predefined level of compensation offered on a regular basis. 22. STATUTORY AND REGULATORY FRAMEWORK This policy is informed by the following legislation and regulation: Land Compensation Act 1973 Home Loss Payments (Prescribed Amounts) (England) Regulations Landlord and Tenant Act 1985 Leasehold Reform, Housing and Urban Development Act 1993 Secure Tenants of Local Authorities (Compensation for Improvements) Regulations 1994 Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994 Occupiers Liability Act 1957 Occupiers Liability Act 1984 Defective Premises Act 1972 Limitation Act ASSOCIATED DOCUMENTS This policy is implemented by the following procedures: Compensation Procedure Compensation Guidance for Tenants Improvements 10

11 This policy is supported by the following documents: Complaints Policy Complaints Procedure Decant Policy Repairs Policy Kitchen and Bathroom Planned Works Policy 11