COMPENSATION POLICY 1.0 INTRODUCTION

COMPENSATION POLICY

Board Approval: May 2015 Responsible Board: Ocean Housing Ltd

Next Review: May 2017 Responsible Executive: Managing Director of Ocean

Housing Ltd

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1.1 Ocean Housing is committed to delivering excellent services to its customers and has developed a suite

of Service Standards which are intended to drive our performance and ensure high levels of customer satisfaction.

1.2 In particular, there are three customer-facing Standards: • Home Standard

• Neighbourhood and Community Standard

• Resident Empowerment and Involvement Standard

that places responsibilities on Ocean and its staff to achieve high levels of service delivery.

1.3 These Standards require that:

• emergency repairs are carried out within 24 hours • urgent repairs are carried out within 5 working days • standard repairs are carried out within 20 working days

• complaints of serious nuisance or harassment are responded to by the next working day • less serious ASB complaints are responded to within 10 working days

• Investigation of all ASB complaints will commence within 10 working days • regular updates are provided to ASB complainants on progress made • graffiti is removed by the next working day

• fly tipping is removed within 5 working days

• communal grassed areas are cut every two weeks throughout the growing season • letters, faxes and emails are acknowledged within 2 working days

• letters, faxes and emails are dealt with within 10 working days • telephone calls are answered within 20 seconds

• appointments are made and kept

• all complaints are acknowledged within 2 days

1.4 It is recognised, however, that, on occasion, such service delivery will go wrong or errors will be made that affect service standards and customers. This policy is intended to detail how Ocean Housing will seek to compensate customers, as and if such incidents occur.

1.5 In addition, Ocean must comply with statutory requirements regarding compensation for tenants in certain situations related to home loss or home improvements. Other compensation claims may arise when damage or injury is caused that require referral to Ocean’s insurance company. These are also addressed in this policy.

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2.1 The objectives of Ocean’s Compensation policy are:

• To clearly explain the different types of compensation payments that may be considered. • To clarify those occasions when compensation payments may or may not be made.

• To ensure that Ocean works closely with its appointed insurers when compensation claims are made.

• To ensure that claims and awards for compensation are dealt with efficiently, effectively and fairly. • To provide guidance to customers on how to make a claim.

• To ensure that lessons are learnt and future risks are reduced.

• To encourage Ocean and its staff to maintain excellent standards of service provision.

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3.1 The principles of Ocean’s Compensation policy are:

• That Ocean Housing Ltd (OHL) will seek to make good any damage for which it is responsible. • That each claim for compensation will be considered on an individual basis.

• That the level of compensation offered will depend on the individual circumstances of each case and linked to the extent of loss or damage suffered or to the fixed amounts outlined in the policy. • Where there is dispute between OHL and the claimant as to the type or level of compensation

offered, OHL will make every effort to resolve the dispute but the final decision will rest with OHL. • If the claimant owes money to OHL, any compensation made may be reduced by the amount of

debt outstanding.

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4.1 This policy should be read in conjunction with the following Ocean policies and strategies: • Customer Feedback: compliments, comments and complaints policy.

• Access to Services Strategy • Service Standards

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5.1 Compensation

5.1.1 Compensation is an action to make amends for loss, injury, service failure, breach of contract or offence. 5.1.2 Compensation does not have to be solely of a financial nature but can also be made by way of:

• the replacement of a lost or damaged item. • an apology.

• a gesture of goodwill, (e.g. flowers, gift vouchers)

5.2 Full and final settlement

5.2.1 Any payments made by Ocean under the Compensation policy will be in full and final settlement of the

5.2.2 This means that the customer is accepting that their claim is resolved by accepting the compensation payment and will take no further action

5.3 Ex-gratia payments.

5.3.1 Ex-gratia payments are payments made as a favour or gesture of goodwill without acceptance of any legal liability.

5.3.2 All payments made under this policy will be considered as ex-gratia payments.

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6.1 Where any compensation claim exceeds £1000, the matter will be referred directly to Ocean’s appointed

insurers for investigation and resolution.

6.2 Compensation claims under £1000 will normally be processed in accordance with this policy unless other

issues arise which cause it to be referred to Ocean’s appointed insurers.

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7.1 Although the act of compensation may simply constitute an apology or a gesture of goodwill, Ocean may

consider making financial compensation in the following instances:

• Responsive repair failure – where OHL fails in its duty to carry out a qualifying repair within a specified time without good reason.

• Failure to keep appointments – where there has been a failure to attend an appointment made by an employee of OHL without good reason.

• Loss or reduction of a communal service – where the service is not provided or is sub-standard. • Loss of facilities in individual homes – where rooms or facilities in a home, or where a rented

garage or car space, becomes unavailable to use.

• Disturbance – where temporary decanting is required due to major works.

• Home loss – where permanent decanting is required due to major redevelopment.

• Home Improvements – where tenants have undertaken authorised improvements to their property.

• Damage – where damage is caused through service failure or negligence.

• Personal injury – where a tenant or third party suffers injury through service failure or negligence

7.2 The above list is comprehensive but not exhaustive and compensation payments may be considered in

other, special, instances.

7.3 Ocean will not consider paying compensation in the following instances:

• Responsive repair failure – where OHL has been unable to gain access to a tenant’s property to carry out the repair or where the failure is due to extreme weather or other unforeseen conditions. • Failure to keep appointments – where the tenant has been previously advised that the original

appointment could not be kept and a new appointment has been arranged.

• Loss or reduction of a communal service – where the service failure is due to extreme weather or other unforeseen conditions.

• Home Improvements – where tenants have undertaken unauthorised improvements to their property or the improvement does not qualify for compensation.

• Lateness of claim – where a claim for damages has not been made within 28 days of the incident occurring.

• Tenant inaction – where a tenant has failed to do something and caused a repair to arise – e.g. not maintained oil or electricity supply - and fails to rectify the supply to allow the repair to be carried out.

• Water loss – where a leak occurs in a supply pipe and this impacts on any water meter connected to the property.

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8.1 Compensation may be paid where OHL has failed in its duty to have a qualifying repair carried out within the specified time, and (after a further request from the tenant) fails to complete the works within the second specified period.

8.2 OHL has classified all repairs and proposed repair times within the categories set out in Appendix 1 to

this policy. Tenants reporting a repair will be informed of the time limits for carrying out the repair starting from when the problem is reported.

8.3 If the repair is not carried out within the time stipulated, the tenant must advise OHL and a second time limit will be agreed. This new limit will be equal to or less than the original timescale given.

8.4 Where OHL fails to undertake the repair requested in the time specified in the second repairs notice the tenant may be entitled to compensation of £10 plus £2 per day (up to a maximum of £50) for every day the repair remains outstanding after the end of the second period.

8.5 Compensation payment may not be considered if:

• The repair is so expensive or complex as to require further investigation prior to completion • The tenant has not allowed access to carry out the work

• The repair cannot be carried out due to circumstances beyond the control of OHL

• The repair has been delayed so as to be incorporated within a future planned improvement programme.

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9.1 If OHL fails to keep an appointment agreed with a tenant, compensation may be claimed by the tenant,

providing there is evidence that the appointment was made and that it was broken on the day.

9.2 Compensation may also be considered if there is a delay of more than 2 hours in keeping the appointment and OHL had not notified or attempted to notify the tenant.

9.3 In such instances, a one-off compensation payment of £10 may be claimed by the tenant.

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10.1 If OHL fails to provide a communal service or if an unsatisfactory communal service is provided, OHL will consider paying compensation to those tenants affected. Such compensation will only be considered where the service has been affected for more than 2 weeks in succession.

10.2 Examples of OHL’s communal services are: • Communal cleaning service

• Grounds Maintenance service • Door-entry systems

• Laundry facility • Lift systems

10.3 Where compensation is considered, the amount paid will be equivalent to the weekly charge for the particular service, divided by seven and multiplied by the number of days that the service was, either, not delivered or considered to have been below the standard expected, after the initial two week period.

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11.1 When tenants are unable to use rooms or facilities in their homes, through a fault of OHL, compensation payments will be considered in accordance with the merits of each case. Similarly, where a tenant’s garage or car park space is rendered unusable, compensation may be considered. In such instances, the inability to use the room, facility or garage must be due to a delay in carrying out repairs within a stipulated time or as a result of undertaking major repairs to the property.

11.2 In the case of the use of rooms, garages or car spaces, compensation will only be considered where the

loss has continued for at least 1 week. Where a garage or car park space is rendered unusable, the amount of compensation will be equal to the weekly rent charged for the facility, times the number of weeks it is unavailable to use.

11.3 In the case of unusable rooms, compensation will be paid by reducing the rent charged on the property by the following amounts, for each week that the room is unavailable:

• Loss of kitchen - £30.00 • Loss of bathroom - £25.00 • Loss of living room - £20.00 • Loss of bedroom - £20.00

11.4 Facilities in the home will normally include: • Heating

• Hot water • Cold water • Toilet

11. 5 Compensation for the loss of a facility in the home will only normally be considered after the facility has been unavailable for more than 24 hours, with the exception of ‘hot water’, where this facility must have been unavailable for more than 5 days.

11.6 Compensation for heating will only normally be considered if the heating is unavailable during the period 1 November – 30 April. (OHL will also provide temporary electric heaters on such occasions). During the period 1 May – 31 October, the loss of heating will not normally qualify for compensation unless there are exceptional circumstances such as severe cold weather or the tenant is particularly vulnerable.

11.7 Compensation for the lack of a toilet will only be considered if the property has only one toilet or has two or more toilets and none are available to use.

11.8 The amounts of compensation payable for the loss of individual facilities are as follows:

• Heating (during period 1 November – 30 April) - £3 per day for each day after the first 24 hours • Hot water - £1.50 per day for each day after the first 5 days it was unavailable

• Cold water – 1/7 of the weekly rent multiplied by the number of days cold water was unavailable after the first 24 hours

• Toilet - 1/7 of the weekly rent multiplied by the number of days the toilet was unavailable after the first 24 hours

11.9 In all instances of compensation referred to in Sections 11.1 – 11.9., the total amount of compensation offered will not normally exceed 100% of the weekly rent for each week of loss.

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12.1 Tenants, who have to move out of their home temporarily, while major works are being carried out, will be reimbursed to an extent intended to meet tenants' reasonable expenses in moving, such as relaying or replacing carpets, disconnection and reconnection fees for services, removal costs, etc. In such instances, disturbance payments will be made in accordance with Ocean’s ‘Decanting Procedure’.

12.2 Tenants who are obliged to move permanently, due to the demolition of their home, will qualify for a disturbance payment and also for a home loss payment.

12.3 Examples of the type of costs covered by a disturbance payment are attached as Appendix 2 to this policy.

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13.1 A home loss payment is made in recognition of the upheaval caused by a move and the loss of a home.

For tenants, it is a fixed, one-off statutory payment of £4,900 (as from 1 October 2015).

13.2 To qualify for a home loss payment, an OHL tenant must:

• Have lived in the property for at least one year • Hold an Assured or Secure tenancy

• Be moving out permanently

13.3 Where a tenant does not meet the qualification criteria as listed in 13.2 above, OHL may consider a discretionary payment, dependant on the individual circumstances of the case.

13.4 A claim for a home loss payment must be made by the tenant within 6 years of moving out of their home

and only one payment is made per property.

13.5 Where OHL acquires a leaseholder’s property for redevelopment, OHL will make a home loss payment

equivalent to 10% of the market value of the leaseholders’ interest in the property, subject to a maximum of £49,000 and a minimum of £4,900.

13.6 A copy of the home loss claim form is attached as Appendix 3 to this policy.

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14.1 Under the ‘Right to Compensation’, when a tenant ends their tenancy, they may claim compensation from

14.2 Tenants may carry out small improvements to their home at their own cost. However, the tenant must receive written permission from OHL prior to making any substantial improvement that affects the structure of the home or any of its fixtures and fittings.

14.3 In the latter instance the tenant must submit three estimates from bona fide contractors to Ocean, using an agreed specification for the work, and state the reasons for choosing a particular estimate. Only when OHL has agreed the estimate can the tenant then instruct the contractor to start work. The tenant must be in good financial standing with Ocean Group, and will be responsible for obtaining any necessary consent, such as Building Regulation approvals.

14.4 It is also a requirement for the tenant to notify OHL in writing when the improvement has been completed so that the date of improvement work can be agreed and that the work can be inspected.

14.5 Compensation for improvements will not be considered where:

• The tenancy is terminated through a possession claim based on the tenant's breach of tenancy conditions.

• The tenancy is ending because the tenant is purchasing the property under the ‘Right to Buy’, as the tenant has the continuing use/enjoyment of the improvement after purchase.

• The improvement work was not authorised by OHL or was carried out before 1April 1994

• The type of improvement work does not qualify for compensation.

14.6 Any claim for compensation for improvements must be submitted within 14 days of the tenancy end date.

14.7 Examples of the type of improvements that may qualify for compensation, their notional lifespan and the formula used to calculate compensation is attached as Appendix 4 to this policy.

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15.1 Where a contractor, employed by OHL, causes damage to tenants' personal property, OHL will assist tenants in dispute with contractors to help resolve the dispute as soon as possible.

15.2 OHL is unable to take any responsibility for damage caused by the deliberate act or negligence of a third party.

15.3 OHL does not generally cover loss or damage to tenant's personal belongings in the event of any of the

usual perils, e.g. fire, storm, flood, theft, water damage, etc. It is in the tenants own best interest to have insurance cover against such risk. OHL may consider a payment following a flood or water damage if the problem was caused by a malfunction of OHL equipment. However, OHL will not consider a payment under any circumstances if the damaged goods were insured.

15.4 OHL will only consider compensation payments where damage or loss has been caused by the direct action or inaction of OHL staff.

15.5 OHL will require inspection of the damage, including the taking of photographs if appropriate. If damaged possessions are not retained and made available by the claimant, no compensation will be made.

15.6 The amount of compensation paid will be based on the original cost of the damaged item less depreciation over the life of the item.

15.7 Where an area of decoration is damaged, OHL will undertake to reinstate the area of damage and make every effort to match existing decorations. If it is not possible to match the decoration, a fixed decoration allowance will be considered up to a maximum of £40.

15.8 If the claim for damage exceeds £1000, the claim will be immediately referred onto Ocean’s appointed insurance company for investigation and processing

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16.1 Where a tenant claims compensation for personal injury, the claim will be immediately referred onto Ocean’s appointed insurance company for investigation and processing.

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17.1 Claims for compensation for home improvements carried out by tenants, or for home loss payments, must

be submitted by completion of the appropriate form (see Appendices 3 & 4).

17.2 All other claims for compensation may be made in writing, by e-mail, by telephone or in person to an employee of OHL. For such claims, a standard claim form should be used to record details of the claim. (see Appendix 5).

17.3 Where appropriate, the OHL employee will record the details of the claim for the claimant, to ensure that no potential claimant is disadvantaged.

17.4 If a claim is submitted by a third party on behalf of the claimant, the claimant will be required to sign and date the claim request.

17.5 OHL will aim to acknowledge all claims, in writing, within 2 working days.

17.6 A full list of claims, qualifying criteria and levels of compensation payable is attached as Appendix 6 to this report.

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18.1 Where a claimant is known to be frail, elderly or otherwise vulnerable, compensation payments for certain service failures, e.g. lack of heating or hot water may be made outside of the qualifying criteria listed in Appendix 6. Such discretionary payments must be authorised by the Managing Director Ocean Housing Limited.

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19.1 All claimants have the right to appeal if they are dissatisfied with the outcome of their claim submission. In such cases, any appeal will normally be processed in accordance with Ocean’s ‘Customer Feedback: compliments, comments and complaints policy’.

19.2 Appeals must be submitted to Ocean no more than 28 days after the compensation payment has been

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20.1 Where a claim for compensation exceeds £1000, these will be recorded in a central record maintained by

the appointed insurance liaison officer in Ocean’s finance section.

20.2 The extent of such compensation claims and payments made will be reviewed on a 4-weekly basis by Ocean Housing’s Management Team.

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21.1 The Managing Director OHL will have responsibility for ensuring that all OHL staff are trained and fully understand the aims and objectives of this policy and that they respond promptly and appropriately to claims for compensation.

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22.1 The Compensation policy will be reviewed every two years.

22.2 Earlier reviews will be implemented subject to any future legislative or regulatory changes as and when they occur.

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Appendix 1: Types of repair and repair target times

Category A: Emergency repairs – response time 24 hours

Type of repair Type of repair

• Blocked or leaking foul drain

• Blocked toilet where there is only one

in your home

• Leaks from water or heating pipes,

tank or system

• Failure of the lifeline alarm/call system

• Fault to the door entry system if the

door is locked

• Removal of offensive or racist graffiti

• A broken lift

• Total loss of electric power or water

supply, not due to a general failure such as a power cut or burst main.

• Unsafe power or lighting socket or

electrical fitting

• Total or partial loss of gas supply

• Blocked flue to open fire or boiler

• Total loss of space or water heating

between 1 November and 30 April

• Storm, accident or flood damage to

the structure (where weather conditions permit)

Category B: Urgent repairs – response time 5 working days

Type of repair Type of repair

• Faulty electrical fittings and minor

electrical faults

• Hot water or heating faults/breakdown

• Leaking roof, missing roof tiles and

faulty or blocked guttering causing serious water penetration problems

• Blocked sinks, basins, bath or second

WC

• Defective cistern or overflow and

minor plumbing leaks

• Failure of the entry phone

• Faulty door entry system or one that

is staying unlocked

• Faulty communal TV aerial

• A security problem with internal doors

and windows

Category C: Routine repairs – response time 20 working days

Type of repair Type of repair

• Repairs to external walls, paths and

fences

• Repairing damaged plaster

• Replacing skirting boards

• Replacing misted double glazed units

• Replacing wall tiles

(kitchen/bathroom)

• Replacing window handles that are

not a security or health and safety issue

• Repairing and cleaning gutters and

downpipes

• Minor plumbing repairs and

day-to-day repairs and replacements

• Repairing doors, floors and windows

• Repairing kitchens

• Repairing flooring which is not a

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Appendix 2: Costs associated with disturbance payments

Temporary accommodation rental expense. Removal / storage expenses.

Disconnection/ reconnection of gas/electric cookers . Disconnection/reconnection of washing machine. Disconnection/reconnection of dishwasher. Disconnection/reconnection of light fittings. Kennelling of pets.

Carpet removal & replacement.

Redirection of mail. Post Office charge – tenant to provide receipt.

Quarterly telephone line charges. Reimbursement of quarterly charge - pro rata. Special expenses for removal day itself. Loss of earnings caused by time off work – certified by letter from employer.

Additional travel costs. Incurred during decant period at temporary home – extra costs of travel to work or school. Reasonable payments for using public transport or agreed taxi rates. Curtains. Payable where window sizes are changed and existing curtains cannot be altered to fit.

Carpets / Underlay. To consider age of existing carpet/whether the carpet can be re-fitted following work.

Re-decoration of tenant’s original property. Freezer food contents.

Compensation for garden plants. Where the repair work is likely to result in damage or

removal of established plants in the tenants garden.

Inconvenience payments. (Paid to tenants who reside in their property during the course of the repair work or to the family/friends who may accommodate them during the work period. Special adaptations within the home. Cost of disconnection/removal of equipment between old and temporary accommodation.

Disconnection of Satellite TV connections.

Miscellaneous expenses. Any additional expenses incurred over and above those listed above: e.g. non-domestic rated fuel charges in temporary accommodation.

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Appendix 3: Home loss claim form

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AYMENT CLAIM FORM

For owners or tenants who have been moved out of their home

and also qualify under the Land Compensation Act 1973 (Sections 29 - 33)

ABOUT YOU AND YOUR HOUSEHOLD

Full names of owners and/or tenants:………. ……….…….. YOUR PRESENT ACCOMMODATION

Address:……….. Type of property: (house/flat/maisonette)……….……….. What date did you move in? (please provide evidence e.g. tenancy agreement)………. What is your legal interest in the property? (e.g. owner/tenant)……….…………..…. If a private tenant, who owns the property?... Have you lived anywhere else whilst you owned/rented this property? Yes / No (Delete as applicable) If ‘Yes’, please give details:……….………. MOVE DETAILS

Why are you having to move?... Are you moving to another Ocean tenancy? Yes / No ( delete as applicable)

What is the address of the property you are moving to?... ………Expected date of move……….……… DECLARATION

I/we declare that I/we have checked the information given on this form and that it is correct and complete. I/we understand that any outstanding debts due to Ocean Housing may be deducted from any entitlement to Home Loss payment. (This declaration has to be signed by all joint owners or tenants).

IMPORTANT NOTE

The completion of this form does not automatically entitle you to a Home Loss payment but provides information for Ocean Housing to make a decision on whether you qualify. Please read the following notes carefully.

HOME LOSS PAYMENTS

The following notes only give general information. They do not cover the points of law for Home Loss payments or discretionary payments.

Home Loss payments compensate people for the general disruption, personal distress and inconvenience they suffer when they have been moved from their homes. To be entitled to a Home Loss payment, you must be displaced from your home as a result of either compulsory purchase or in consequence of an improvement or redevelopment scheme affecting your current property. Payment of Home Loss is a statutory requirement if qualifying conditions are met. Even if these qualifying conditions are not met, Ocean housing can make a discretional payment. The qualifying conditions are set out in the next section.

QUALIFYING CONDITIONS OF _HOME _LOSS PAYMENTS

1. You must have been permanently moved out of your home because of a compulsory

purchase order or so it can be improved or redeveloped.

2. You must either be the owner or tenant of the property.

3. Your claim must be in writing and must be signed by all joint tenants or owners who live in

the property. You must claim within 6 years of moving.

4. You must have lived in your home for at least 12 months as your only or main residence.

5. The amount payable to owners is 10% of the value of the interest in their home, but subject

to maximum and minimum amounts. If you moved out of your home on or after 1 September 1 October 2008 2015, the minimum amount is £4,700 £4,900 and the maximum is £47,000 £49,000. These amounts have been fixed by Statutory Order and apply to owners. Home Loss payments are in addition to the purchase price payable, as may be negotiated or otherwise settled.

6. The amounts payable to tenants is also fixed by Order. The amount payable for loss of

home after 1 September 1 October 2015 2008 is fixed at £4,900£4,700.

7. If more than one person in a home qualifies for a payment, then the payment is shared

equally between them.

8. Home Loss payments will be made to qualifying owners and/or tenants when either the sale

has been completed (i.e. on completion) or vacant possession surrendered, in the case of tenants (i.e. keys handed in, property vacated and move of tenant to other accommodation completed.)

RETURN THIS FORM TO_:

Ocean Housing Ltd Stennack Road

St Austell Cornwall PL25 3SW

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Appendix 4: Qualifying improvements, notional lifespan and the

compensation calculation formula.

Qualifying improvement

Notional lifespan

(in years)

Bath or shower

12

Wash-hand basin

12

Toilet

12

Kitchen sink

10

Storage cupboards in bathroom or kitchen

10

Work surfaces for food preparation

10

Space or water heating

12

Thermostatic radiator valves

7

Insulation of pipes, water tank or cylinder

10

Loft insulation

20

Cavity wall insulation

20

Draught proofing of external doors and windows

8

Double glazing or other external window replacement

20

Electrical rewiring or other fittings e.g. smoke detectors

15

Improved security of dwelling e.g. locks, but not alarms.

10

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(N-Y)

where:

N

C = Cost of Improvement (less any grant received)

N = Notional lifespan of improvement

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ADDRESS:

TELEPHONE NO: E-MAIL:

OFFICER COMPLETING FORM: DATE

WHAT IS THE CLAIM FOR_{?(please tick the appropriate box)}

RESPONSIVE REPAIR FAILURE LOSS/REDUCTION OF COMMUNAL SERVICES

APPOINTMENT _FAILURE_/DELAY _LOSS OF _USE OF _ROOM IN _HOME _/GARAGE

DAMAGE TO PROPERTY LOSS OF FACILITY IN HOME

PERSONAL INJURY

PARTICULARS OF CLAIM (please provide details of the claim)

RESPONSIVE REPAIR FAILURE

DATE OF FIRST REPAIR

NOTICE

DATE OF SECOND

REPAIR NOTICE

APPOINTMENT FAILURE/DELAY

DATE OF ₁ST

APPOINTMENT

DATE OF ₂ND

APPOINTMENT

LOSS/REDUCTION OF COMMUNAL SERVICES

DAILY COST OF COMMUNAL SERVICE £ NUMBER OF DAYS LOST/REDUCED

LENGTH OF _TIME _ROOM_/GARAGE_/CAR _SPACE _UNAVAILABLE _DAYS

LOSS OF FACILITY IN HOME

FACILITY _AFFECTED_?

(tick appropriate box)

HOT _WATER _COLD _WATER _HEATING _TOILET

LENGTH OF _TIME _FACILITY _UNAVAILABLE _DAYS

DAMAGE TO PROPERTY

PHOTOGRAPHIC EVIDENCE OF DAMAGE AVAILABLE?(tick the appropriate

box)

YES NO

PERSONAL _INJURY

Any claim for personal injury to be immediately referred to Ocean’s appointed insurers – refer to Insurance liaison officer in Finance Section

COMPENSATION TO BE PAID?(tick the appropriate box) YES NO

IF _‘NO_’,REASONS FOR _REFUSAL_:

AUTHORISATION OF RESPONSIBLE MANAGER

AMOUNT OF COMPENSATION TO BE PAID £

Where a payment of compensation is made, an electronic copy of this

completed form should be sent to the Insurance liaison officer in the

Finance section.

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Appendix 6: Compensation criteria and amounts

Compensation issue Qualifying criteria Amount of compensation Failure to complete a

qualifying repair within a specified time

When a tenant reports a repair they will be provided with a timescale for completion. If the repair is not carried out, a second timescale for completion will be agreed with the tenant. If this second timescale is not met, the tenant is entitled to claim compensation.

£10 plus £2 per day for every day the repair remains outstanding after the end of the second period (up to a maximum of £50)

Failure to keep an appointment.

Where OHL fails to keep an appointment agreed with a tenant, providing there is evidence that the appointment was made and that it was broken on the day.

One-off payment of £10

Delay in keeping appointment

Where there is a delay of more than 2 hours in keeping the appointment and OHL had not notified or attempted to notify the tenant.

One-off payment of £10

Failure to provide a communal service or provision of a sub-standard service.

Where OHL fails to provide a communal service or if an unsatisfactory communal service is provided.

Equivalent to the weekly charge for the particular service, divided by seven and multiplied by the number of days that the service was, either, not delivered or considered to have been below the standard expected

Loss of use of a room in the property.

When tenants are unable to use rooms in their homes, through a fault of OHL, and the loss has continued for a period of, at least, 1 week

Loss of kitchen - £30.00 per week Loss of bathroom - £25.00 per week Loss of living room - £20.00 per week Loss of bedroom - £20.00 per week Loss of facility in the

property.

Where tenants have been unable to use of facilities in their homes, through a fault of OHL.

• Hot water – must be unavailable for more than 5 days

• Heating – must be unavailable during period 1 November – 30 April • Cold water – must be unavailable for more than 24 hours

Hot water - £1.50 per day after first 5 days

Heating - £3 per day after first 24 hours Cold water – 1/7th _{of weekly rent x No.}

of days unavailable after first 24 hours Toilet - 1/7th _{of weekly rent x No. of}

Compensation issue Qualifying criteria Amount of compensation Loss of use of garage or

car park space.

Where a tenants garage or car park space is rendered unusable, through a fault of OHL.

Equivalent to the weekly rent for the garage or car space times the number of weeks it was unavailable to use. Disturbance (decanting)

payments

Where tenants or leaseholders have to move out of their home temporarily due to major repair or redevelopment works.

Reimbursement intended to meet tenants' reasonable expenses in moving, such as relaying or replacing carpets, disconnection and

reconnection fees for services, removal costs, etc. Assessed on a case by case basis.

Home Loss payments Where tenants or leaseholders have to move out of their home permanently due to major repair or redevelopment works.

For tenants: £4,700 £4,900

For leaseholders: 10% of market value of owner’s interest in property, subject to a maximum of £47,000 £49,000and a minimum of £4,700.£4,700

Right to compensation for improvements.

When a tenant ends their tenancy, they may claim compensation if they have carried out authorised improvements to their property.

Based on the formula: C x (N-Y)

N where:

C= Cost of Improvement (less any grant received )

N = Notional lifespan of improvement Y= Number of years since improvement was made (part years are rounded up)

Compensation issue Qualifying criteria Amount of compensation Damage to property or

possessions

OHL will only consider compensation payments where damage or loss has been caused by the direct action or inaction of OHL staff. OHL will require inspection of the damage, including the taking of photographs if appropriate. If damaged possessions are not retained and made available by the claimant, no compensation will be made. (If the claim for damage exceeds £1000, the claim will be immediately referred onto Ocean’s appointed insurance company)

The amount of compensation paid will be based on the original cost of the damaged item less depreciation over the life of the item.

Damage to decoration. Where an area of decoration is damaged, OHL will undertake to reinstate the area of damage and make every effort to match existing decorations.

If it is not possible to match the decoration, a fixed decoration allowance will be considered up to a maximum of £40.

Personal injury Where a tenant claims compensation for personal injury, the claim will be immediately referred onto Ocean’s appointed insurance company for investigation and processing.

Dependant on the outcome of any insurance case.