Reducing the impact of works, dealing with complaints

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1 Local Needs, Local Solutions, Local Services Subject/Title: Compensation Policy Relevant to: All Departments Date of Document: July 2015 Date for Review: July 2016 Version: Update Author(s): Chief Executive, Head of Customer Services Approved by: Operations Committee July 2015 Risks Addressed: Resident Satisfaction Value for Money: Reducing the impact of works, dealing with complaints W:\Directorate\Policies & Procedures\Compensation Policy 0915.Docx

2 Context We recognise there are times when we fail to provide the service we promise. When this happens, we try to put the problem right quickly. Sometimes we pay compensation to tenants/leaseholders who have had a poor service. This policy aims to make sure that we work out compensation fairly each time and that we take tenants/leaseholders views into account. This policy should be read in conjunction with our Complaints Policy and our Decant and Homeloss Policy. 1. WHEN DO WE PAY COMPENSATION? The tenant/leaseholder may be entitled to compensation if they have experienced some sort of loss or disadvantage as a result of a mistake or action by us. If a tenant/leaseholder wishes to claim compensation they should do so within four weeks of the incident happening. They must make their claim in writing, within six months of the loss occurring, and will need to provide proof of purchase for any money that they are asking us to refund. The tenant/leaseholder can do this by sending documents such as bills showing how much they have spent. We aim to respond to the claim within 15 working days but this may be longer if the claim involves our insurers. Any offers of compensation must be agreed by a Head of Service. We will pay a fixed amount of compensation if: the property is damaged (other than tenant/leaseholder damage) the tenant loses the use of a room or facilities over a period of time we fail to provide a service that the tenant pays a service charge for we fail to keep an appointment we have agreed to give the tenant compensation for any improvement works they have carried out when they terminate their tenancy our asset management department or the council s environmental health service considers the room unusable to their home We may also pay compensation if we have not followed our correct procedures or if we have acted unreasonably. Some things will be out of our control which means that we cannot meet our standards and we may not pay compensation if this is the case. Other things that will be taken into account which may affect the amount of the claim are: the loss or damage that should be covered by the tenants /leaseholders home contents insurance (whether they has cover or not) Page 2 of 5

3 the loss, damage or delay is caused by the tenant/leaseholder or someone in their household or visitor the loss, damage or delay was caused by circumstances beyond our control such as weather conditions, force majeure. the loss or damage was caused by a neighbour ie, a flood from their washing machine we have acted reasonably and met our contractual and legal obligations the tenant/leaseholder has not given us reasonable access we re-arranged the timescale for carrying out works we have damaged tenants /leaseholders possessions We have a separate policy on paying compensation for the following which is covered in the Decant and Homeless policy: the tenant has to move out of their home while we carry out work on it the tenant has to move to another property 2. How do we calculate Compensation? We will use the Department of Work and Pensions subsistence levels where we consider it appropriate to compensate the tenant (and family members, where applicable) for the purchase of meals whilst away from their home, and for the loss of heating and hot water, as a direct result of a service failure by the Association. We will cover some of the costs of alternative accommodation in certain circumstances where the tenant/leaseholder does not have anyone to stay with. Where we offer a rebate in rent, the amount of compensation will depend on the number of rooms in the property and how much rent is being charged and for how long the property was uninhabitable. The original cost of the items damaged, taking into account the age of items, wear and tear etc. The maximum amount of compensation we will pay is 1, HOW WE PAY THE COMPENSATION We pay compensation by taking it off the rent if a tenant is in rent arrears, except in exceptional circumstances. Compensation for room loss is not a rent reduction and tenants in receipt of Housing Benefit will benefit. Instead of paying compensation, we sometimes offer a tenant somewhere else to live until their home is fit to live in. We may do this if: we consider the entire home unfit to live in the tenant cannot use their kitchen or bathroom for more than two days. Page 3 of 5

4 4. IF WE FAIL TO PROVIDE A SERVICE THAT TENANTS PAY A SERVICE CHARGE FOR We will pay the tenant/leaseholder compensation if we fail to provide a service for more than 14 days. The compensation will be the same as the charge the tenant/leaseholder paid for the service for the period that we failed to provide it. For leaseholders, we will take the compensation off the next yearly bill for service charges. We will also pay 10 compensation if a lift or entry-phone does not work for more than 10 working days, except when: we have already paid the tenant/leaseholder compensation for a connected fault the fault was caused by misuse or vandalism, or we cannot obtain the parts for the repair. 5. IF WE FAIL TO KEEP AN APPOINTMENT We will pay 10 compensation if: we arrange an appointment in writing and break it on the day, or the tenant has to rearrange an appointment because we arrive more than an hour late. 6. WHAT TO DO IF YOU ARE NOT SATISFIED WITH OUR DECISION If we decide not to pay any compensation or to pay less compensation than the tenant/leaseholder claimed, they can ask us to reconsider our decision. A senior member of staff will do this. If we have considered our decision again and the tenant/leaseholder is still not satisfied, they can take their claim to the Tenant Audit Panel who can modify the amount of compensation. The panel will conduct an independent review of the tenant/leaseholder s claim. The association will: i. Arrange for the panel hearing to take place within 15 days of the case being referred to the appeal stage. ii. Invite the tenant to attend the appeal hearing. Compensation will only be considered if the tenant attends the panel hearing. iii. Advise the complainant of the outcome of the appeal within 10 working days of the decision being made. iv. Advise the complainant that they can refer the case to the Housing Ombudsman Service, if they are still unsatisfied with the Panel s decision. Page 4 of 5

5 In considering the tenant/leaseholder s claim, the tenant panel will apply the criteria in section 2 above. If the tenant panel decide to visit the tenant/leaseholder s property, they will be accompanied by a senior member of the association s staff. Page 5 of 5