Compensation and Other Payments Policy

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Agamemnon Housing Association (AHA) is committed to consistently providing a quality service to our tenants. We recognise that occasionally things do go wrong, and mistakes and service failures can occur.

AHA will consider all claims for compensation on their merits; there is no automatic right to compensation unless it is a statutory obligation (see types of compensation below).

AHA would consider making compensation payments when:

• We have been negligent in our service delivery
• We have failed to meet our service standards
• We have not acted reasonably
• The tenant has suffered loss or inconvenience as a result of our actions.

AHA retains the right to offset individual compensation payments against any debts owed to AHA by the tenant.

This policy does not include service failure, damages, loss, inconvenience that is:

• The fault of a third party such as a utility company. AHA’s approach will depend on the contractual arrangement we have with the contractor. The options that we may consider are:
  • AHA takes full liability, reimburses the tenant and then deals with the contractor about the claim;

or

• AHA supports the tenant in their claim against the contractor.

• Beyond our control e.g. severe weather;
• Related to insurance claims; these matters will be dealt with in accordance with insurance procedures;
• Subject to legal or tribunal proceedings.

We wish to ensure a quick, fair and equitable conclusion to all claims for compensation from our tenants and in doing so meet the expectations of the Regulator of Social Housing and the requirements of the Housing Ombudsman. We aim to demonstrate with tenants a flexible approach when considering remedy solutions.

We are keen to ensure our colleagues are empowered to bring about speedy resolution when things go wrong. When we fail to meet our standards, they can learn from the individual cases to improve the way that we work and/or deliver services.

There are three types of compensation that can be paid – mandatory, quantifiable loss and discretionary.

Mandatory Payments:

Mandatory payments are those where we have a statutory obligation to make payment e.g. home loss, disturbance right to repair and right to compensation for improvement claims.

Home loss

Home loss payments may be made to tenants who have lived in their home for a minimum of 12 months and are required to move home permanently as a result of redevelopment or demolition of their home.

Disturbance

Disturbance payments may be made to people who are required to move to another home temporarily or to tenants who have lived in their home for less than 12 months and are required to move home permanently. This payment is for reasonable moving costs.

Right to Repair

The Right to Repair scheme covers specific repairs, known as ‘qualifying repairs’ which cost less than £250 and should be done within a set time limit. If we do not carry them out within that time you may be entitled to compensation.

The right to repair applies where repairs are not completed within the initial target time, and we then fail to meet a second target date.

See Appendix 1 for the list of qualifying repairs.

Improvements

The right to compensation for improvements applies when a tenant leaves their property and they have undertaken a “qualifying home improvement”. They may be able to claim a contribution towards the original cost.

The “right to compensation for improvements” is subject to:

• Written landlord consent having been obtained for the improvement
• The value of the improvement
• When it was carried out
• Production of any regulatory safety certificates
• Production of the original receipt.

See Appendix 2 for list of qualifying improvements and their notional life.

This does not apply to fixed-term tenancies.

Quantifiable Loss Payments

Quantifiable loss payments could include increased heating bills due to disrepair, having to pay for alternative accommodation or take away food, loss of key services, paying for cleaning or carrying out repairs where we have failed to meet our obligations. This does come with the caveat that any such costs must have been reasonably incurred and evidence of such loss has been provided.

Other remedies include practical actions, such as offering to undertake repairs or redecoration which would otherwise be a tenant’s responsibility, goodwill gestures e.g. vouchers, chocolates, flowers, ex-gratia payments or reimbursements.

Discretionary Payments

Discretionary payments are offered without prejudice and are a decision or action that we choose to take rather than because of any obligation to do so and could include:

• Poor complaint handling
• Delays in providing a service e.g. in undertaking a repair
• Failure to provide a service that has been charged for
• Temporary loss of amenity
• Failure to meet target response times
• Loss of use of part of the property
• Failure to follow policy and procedure
• Unreasonable time taken to resolve a situation.

Please see Appendix 3 for compensation levels.

It is the responsibility of all tenants to obtain home contents insurance and we would expect tenants to claim on this insurance where it is appropriate to do so. This policy is not intended to replace or compensate for the lack of home contents insurance.

If a tenant feels that AHA or a contractor working on our behalf is liable for damage caused to their home, they must make a claim for compensation to AHA. (If this is as a result of a contractor, this will be passed on to them to address).

It is also the responsibility of tenants to inform AHA of any repair work needed in a timely manner and allow access to AHA colleagues or contractors to inspect and complete any work required.

A claim for compensation can be made in writing, in person or via email. All claims for compensation must be received within thirty-one days of the event that caused the loss or damage in line with legal requirements.

The circumstances of the claim will be investigated in line with our complaints policy and, where appropriate, an offer of compensation will be made.

Any offer and/or payment of compensation, which is made solely under the terms of this compensation policy, without prejudice, and in no way constitutes an admission of any liability for any losses incurred by the claimant.

Offers of compensation will be evidence lead and made solely on belief or probability.

We will normally offset any compensation or goodwill gestures made against any arrears or debts owed to us by the tenant. It is only in exceptional circumstances payments may be made directly to the customer if they owe AHA money.

If a tenant is unhappy with the compensation offered and/or the way that the situation has been handled, our complaints policy is available to the tenant to follow.

If a claim for compensation is turned down, or a claimant is unhappy with the amount of compensation offered, the AHA complaints procedure offers the right to review the decision.

Under the Data Protection Act 1998 and the General Data Protection Regulations, all personal and sensitive personal data is treated as confidential. AHA will ensure that the information is held securely and accessed by appropriate colleagues only. AHA will only share information with other agencies if we are required to do so by law and/or the information is necessary for the protection of children or vulnerable adults.

AHA is committed to applying its equal opportunities policy through its policies and will always set policies regarding the protected characteristics of the Equality Act.

AHA is committed to understanding any potential impacts of our policy on our tenants and stakeholders. AHA will engage with tenants as part of the work carried out by the People and Culture Committee (PAC) to discuss compensation & other claims ensuring their views are considered particularly in how the policy is communicated to all tenants. AHA’s Board will consider feedback gained when making any decisions regarding this policy. AHA is committed to understanding any potential impacts of our policy on our tenants and stakeholders.

This policy will be reviewed, following the internal control audit programme, by the Finance, Risk and Audit Committee (FRAC) every three years having taken into consideration the PAC’s views, or where there have been changes to regulation or legislation to warrant a further policy review.

• Housing & Landlords Act 1985, amended by the Leasehold Reform Act 1993
• Equality Act 2010
• Planning and Compensation Act 1991)
• The Home Loss Payment (Prescribed Amounts) (England) Regulations
• Housing Ombudsman Scheme, Complaint Handling Code.

• Service Charge Policy
• Repairs & Maintenance Policy
• Asset Management Policy
• Tenancy Management Policy
• Complaints Policy

• Appendix 1 for the list of qualifying repairs
• Appendix 2 for list of qualifying improvements and their notional life
• Appendix 3 for compensation payments list.

https://www.housing-ombudsman.org.uk/landlords-info/guidance-notes/compensation-policy/