Housing Compensation Policy

Kingston Upon Thames Council is committed to excellent customer service however we recognise that sometimes things may go wrong.

The policy outlines the course of action and criteria required in such circumstances and where we will consider Reimbursement or Compensation for service Failures. The policy also details the mandatory payments we make, such as Home Loss payments.

It should be noted that any discretionary offers of Compensation are made without prejudice and as a good will gesture and does not signify the acceptance of legal responsibility or liability on the part of Kingston Upon Thames Council. Therefore all such payments made under this policy will be issued as full and final settlement for the complaint.

If services fail or fall below acceptable standards then we follow the Housing Ombudsman/Local Government Ombudsman remedies. We will try to put the matter right and say sorry to the customer and try to ensure that problems are resolved quickly and efficiently and we will always try to resolve the problem before the need for compensation arises. Where financial payments are appropriate, they are proportionate to the loss or inconvenience caused, and all customers are treated in a fair and equitable way

Scope

This Policy applies to all current and former tenants, leaseholders, and customers of RBK’s Housing Service except where specified. 

Formal redress

Complaints which are unable to be resolved relating to the Community Housing team are dealt with by the Local Government Ombudsman and complaints relating to Housing Landlord services are dealt with by the Independent Housing Ombudsman.

Links to other policies

On the Council website you can find the policies & information which link to this policy. You can find these online under housing policies. These provide more detail and additional guidance on various housing topics. 

Types of Housing Compensation paid by RBK

Please note that in most cases except where the tenant/licensee has rent arrears compensation payable will be paid directly to the rent account and any remainder after this will be paid directly to the tenant/licensee. 

Home loss

Home loss payments may be made to tenants or owner-occupiers who have lived in their property for a minimum of 12 months and are required to move home permanently as a result of redevelopment or demolition of their home. Home loss payment is only payable where a displacement (move) is compulsory.

Disturbance

Disturbance payments may be made to secure tenants who are required to move to another property temporarily or to people who have lived at a property less than 12 months and are required to move home permanently. This payment is for reasonable moving costs. Disturbance payments cover 'reasonable expenses' incurred by the entitled person during moving. 

Improvements

If your secure tenancy is ending and you completed improvements to your property after 1 April 1994 you may be entitled to compensation for those improvements. The right to compensation for improvements is subject to certain qualifying criteria and regulations contained in The Secure Tenants of Local Authorities (Compensation for Improvements) Regulations 1994 Statutory Instrument 1994 No. 613. 

The Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994

The Right to Repair Regulations cover specific repairs, known as ‘Qualifying Repairs’ which cost less than £250 and should be done within a set time limit for Secure Tenants. If these are not carried out within that time you may be entitled to compensation. 

Discretionary compensation

Landlords are expected to have a compensation policy which provides guidance on when it will consider offering discretionary compensation. These are sometimes referred to as a gesture of goodwill. 

Compensation as part of complaint resolution

Compensation may be considered at any stage in our complaints process. Our complaints policy promotes resolution to the situation as quickly as possible. As part of our approach to resolving complaints, we may offer compensation if;

• Following investigation of the complaint, it is found that a service has seriously or consistently failed;
• A member of staff has not communicated appropriately or within an acceptable timescale with a customer who has raised an issue regarding a service provided by RBK.
• if a nominated contractor acting on behalf of the council causes damage to a customer’s property, RBK will refer the matter to the contractor. RBK will mediate so that the contractor reaches a fair and reasonable settlement with the resident 
• Other methods to resolve the complaint, such as an apology and/or explanation are not considered sufficient, or our previous responses have been inadequate
• We have taken an unreasonable amount of time to resolve the issues complained about;

Each case will be considered on its own merits;  Such discretionary payments will generally be of low value and are part of restoring positive customer relations. This may be in conjunction with or separate to any other compensation payable for loss. 

We would require supporting information to consider each claim. For example, claims for damage to belongings would need to be supported with the appropriate receipts.

Some complaints may result in a goodwill gesture for incidents where monetary compensation would not be appropriate.

Compensation payments ordered by the Ombudsman

The Ombudsman can provide fair and proportionate remedies to complaints where maladministration or service failure has been identified. There are a wide range of proportionate remedies which include both non-financial remedies and compensation.

If you are dissatisfied with a service you received then you can follow our complaints process 

You can view the full housing compensation policy

You can view the Housing Ombudsman remedies approach to remedies