Housing and repairs compensation and reimbursement policy
Our policy on when we will pay compensation if we fail to provide high quality services for housing and repairs.
Contents
- What this policy does not cover
- Types of compensation covered under this policy
- Compensation calculations/reimbursement
- Financial redress (compensation) guideline
- Link to Corporate Plan priorities
Aims and objectives
Uttlesford District Council (UDC) always aims to deliver high quality services which succeed first time however this does not always happen, and where this is the case, we will pay compensation which reflects the service failure to residents.
UDC will provide redress to restore a person to the position they would have been in had the service failure not occurred.
UDC will aim to ensure that compensation payments are fair and proportionate. When making decisions about the amount of compensation to be paid, UDC will take into account the Housing Ombudsman's latest guidance on landlords' remedies for complaints.
UDC will investigate complaints about service failure as set out in its Housing Complaints Policy.
Scope of policy
The policy covers individual households, rather than group or collective representations. Any person or household affected by UDC housing services, including but not limited to tenants and leaseholders are covered by the council's Housing Complaints Policy (PDF, 228 KB) and this Compensation Policy.
What this policy does not cover
This policy does not cover the following:
Statutory compensation for home loss
Please refer to the council's Decant and Downsizing Policy.
Direct compensation from contractors (from April 2024)
For example, where an appointment has been missed by the contractor. This is outside of the council's Complaints Policy and forms part of the contractual obligations between the contractor and UDC. However, any payments made by the contractor may be taken into account by the council when investigating complaints.
Compensation under the Statutory Right to Repair scheme
For more information, see the council's Right to Repair scheme.
Non-housing complaints
This policy does not apply to complaints outside of Housing. Refer to for our complaints rocedures for any other council services.
Types of compensation covered under this policy
Compensation falls into 2 categories:
- actual quantifiable financial loss
- other discretionary compensation
Factors that will be taken into account when deciding the overall amount include.
Quantifiable loss
Quantifiable loss can include, but is not limited to:
- the value of any damage to a tenants' belongings as a result of a service failure by UDC or its contractors or another representative of the council
- any other financial loss caused as a direct result of service failure on the part of UDC or its contractors or another representative of the council
- examples of quantifiable loss are included in the following section 'Compensation calculations/reimbursement
Discretionary compensation
Discretionary compensation can include, but is not limited to:
- the impact on the tenant's living arrangements, quiet enjoyment of their home
- the duration of any avoidable distress or inconvenience caused by service failure
- the level of inconvenience caused during the investigation of the complaints, including late responses and lack of information provided by UDC during the complaints process, in particular, where UDC failed to respond to the complaint within the timescales set out in the Complaints Policy
The compensation calculation will be based on what is believed to be fair in the particular circumstances of the case. This includes the amount of financial loss and/or the level of impact, where there is not a quantifiable loss.
The council gives authority to staff at different levels to agree the level of compensation paid. This enables decisions to be made promptly where possible. Compensation payments will be regularly reviewed by the relevant Director as part of the council's approach to learning from complaints.
Compensation calculations/reimbursement
UDC does not take into account any rent or service charge arrears when calculating compensation payments and will never retain compensation payments to reduce any arrears owing.
Examples
Included here are examples of where compensation may be paid, however this list is not exhaustive.
Uninhabitable rooms/whole house
Tenants will be awarded a payment when parts or all of their homes cannot be used because of our failure to take reasonable steps to carry out repairs in line with agreed timescales.
Where the property is uninhabitable until repairs are carried out, the council will work with the household to agree alternative accommodation. The Council is legally required to pay compensation for home loss, which is outside the scope of this policy. Refer to the council's Decant and Downsizing Policy.
Damage to the personal belongings
Damage to the personal belongings of tenants, such as clothing, personal items, furniture or anything not covered by buildings insurance as taken out by the council and where the damage was caused as a direct result of service failure on the part of UDC, its contractors or others delivering services on the council's behalf. The council will not expect residents to claim against their own insurance in these circumstances.
Working time lost and/or the cost of childcare arrangement
Working time lost and/or the cost of childcare arrangements as a direct result of the service failure.
Heating/hot water systems failure
Where there is heating/hot water systems failure a payment towards the service charges may be agreed by UDC if the loss of hot water or space heating fails and an alternative form of heating is not provided within the required timescale.
Loss of water supply
This will be considered where the loss of supply is because of a failure or omission by the council.
Other reimbursement
As it is not possible to cover all situations/ eventualities in this policy UDC will use discretion in reimbursing for other incurred expenses or loss.
Calculating compensation payments
When calculating compensation payments UDC may ask the complainant to provide evidence of the financial loss, where this can reasonably be provided. For example, loss of earnings, childcare costs, value of items of lost or damaged, extra heating costs etc.
Discretionary payments
These may at times be awarded depending on the individual circumstances and each case will be considered on its own merits. UDC will always consider every factor when calculating discretionary payments such as the effect/impact on household members due to their circumstances and/or protected characteristics such as age or disability.
Circumstances
UDC will take into consideration any actions by tenants which may have contributed to the situation. Examples of this may include carrying out an action such as an unauthorised repair or modification to their home without the council's prior consent, failure to report a repair, or bring other relevant matters to the council's attention within a reasonable timeframe, failing to respond to the councils attempts to make contact, refusing access to the council or its representatives/ contractors.
For more information on tenants' responsibilities, refer to our guide on reporting repairs.
Financial redress (compensation) guidelines
This is based on guidance provided by the Housing Ombudsman.
It does not include compensation payments by contractors for missed appointments or other failings as set out in the contracts between UDC and contractors.
Failed visit from contractor
Financial award: £20 increasing to £40
Finding: Failed visit from contractor
Impact on tenant: Tenant having to arrange to meet contractor
Circumstances: If the contractor fails to attend an appointment and does not notify the tenant in advance,£20 compensation will be offered to cover the inconvenience to the tenant. This increases to £40 upon 2 failed visits.
Service failure
Financial award: £50-£100
Finding: Service failure
Impact on tenant: Minimal duration may not have significantly affected the overall outcome for the tenant. Examples include distress, inconvenience, time and trouble, delays in getting matters resolved,
Circumstances: There was a minor failure by Uttlesford District Council in the service it provided, and it did not appropriately acknowledge or put things right in the agreed timescale.
This may include failure by UDC to respond to a complaint in line with the council's Housing Complaints Policy (PDF, 228 KB).
Maladministration
Financial award: £100 - £600
Finding: Maladministration
Impact on tenant: No permanent impact
Circumstances: Uttlesford District Council failed to acknowledge its failings and/or failed to address the detriment to the tenant and/or the offer was not proportionate to the failings.
This may include failure by UDC to respond to a complaint in line with the council's Housing Complaints Policy (PDF, 228 KB).
Maladministration/severe maladministration
Financial award: £600 - £1000
Finding: Maladministration/severe maladministration
Impact on tenant: Significant physical and/or emotional impact
Circumstances: There was a severe failure which had significant impact on the tenant or the circumstances for severe maladministration apply but the offered amount is at the lower end of the scale.
Severe maladministration
Financial award: £1000 +
Finding: Severe maladministration
Impact on tenant: Severe long-term impact
Circumstances: Serious failings by Uttlesford District Council, in their service or a series of significant failures. The failures may have accumulated over a significant period of time.
Key contacts
Lead officer: Housing Operations Manager/Director of Property (Housing)
Service area/directorate: Strategic Director, Housing, Environment and Communities
Lead member: Member Responsible for Complaints/Housing Portfolio Holder
Link to other policies
Housing Complaints Policy (PDF, 228 KB)
Link to Corporate Plan priorities
Corporate priorities | Yes/no |
|---|---|
Putting residents first | Yes |
Approved: 5 December 2024
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