KCTMO COMPENSATION
PROCEDURE
Summary Guidance Document
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Contents
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1. Introduction
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2. Compensation Claim for Service Failures
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3. Putting Things Right
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4. Types of Compensation
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5. Other Compensation
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6. Timescales
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1.0
Introduction
We aim to provide you with a good service at all times but
occasionally things do go wrong. This is a summary of our
compensation procedure that we will use to assess compensation
when we have not delivered a service to you.
This guidance document is a summary from the TMO’s procedural
document for the management and implementation of the TMO’s
Compensation Policy. The full Policy document can be located on
the TMO Website.
Matters relating to personal injury, property damage and Disrepair
claims are not covered within the TMO Compensation
Policy/Procedure.
2.0
Compensation Claim for Service Failures
When we receive a claim we will:
 Investigate the matter and the background to the reported failure
 Identify the type of loss suffered
3.0
Putting Things Right
Our first step will be to give consideration to “putting things right” and
placing the customer back in the position in which they would have
been had the service failure not occurred.
This may include:
An apology;
An explanation giving a full answer to all points raised in the
application for compensation;
An assurance that every effort will be made to ensure the same
thing does not happen again.
Action taken to put things right – (This means demonstrable
action to show that the matter has been taken seriously);
Paying compensation – to be considered if specific action is
insufficient to put the claimant back in the position they would
have been in, if the incident/failure had not occurred.
Review policies and procedures if appropriate;
Follow up staff guidance or training if appropriate.
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4.0
Types of Compensation
Statutory/Non Discretionary – (this means a legal requirement which
the TMO must respond to).
General
Service fault
Schedule of Rates Response Repairs/ Engineering Response Repairs
Missed appointment by the S of R Repairs Contractor within a Tenants’ home or
failure to turn up for an emergency
Schedule of Rates Response Repairs/Engineering Response Repairs.
Second failure to carry out individual Tenants’ minor repairs within timescale
Cost in Use of Dehumidifier Operation cost of Dehumidifier provided by the TMO
to remove moisture within residence.
Loss of Amenity (Uninhabitable Rooms)
Where any room is uninhabitable/ unavailable for use as a result of the
actions/inaction of the TMO
Lift Failure (Note compensation will not be paid if a lift is unavailable due to
vandalism or because of a planned renewal programme)
Loss of Utility
Either no water or gas or electricity supply after a continuous period of 48 hours
Heating and Hot Water
District System Heating Refund Applies where landlord controlled heating supply
fails during the recognised heating season (Oct-Mar).
District System Hot Water Refund
Applies where landlord controlled hot water supply fails.
Individual Heating/Hot Water System Payment Temporary Heating/Hot Water
provision reimbursement of running costs
Heating OR Hot Water Compensation
Compensation payable where loss in supply occurs for 3 consecutive days or more
In assessing these instances, we will also review the following:
The problem must be one that might reasonably damage health,
safety or security;
It must be a repair costing below £250. The repair may be a
qualifying repair under the Right to Repair (refer to Right to Repair
guidance);
Regarding a missed appointment, the tenant must confirm that
they kept appointments and ensured that the Contractor was given
the opportunity to undertake the work;
Only proven/evidenced missed appointments for repair work in
a tenant’s home with evidence of actual loss incurred, will qualify
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for automatic compensation at the first service failure.
(Cancelled/rearranged appointments giving the tenant at least one
full working day’s notice do not qualify for compensation. Neither
will payment be eligible for planned/programmes repairs to
communal or district heating systems).
Non-Statutory/Discretionary – (this means there is no legal requirement
but we have a policy based on a good practice to deal with the matter).
This compensation is based upon advice from the Local
Government Ombudsman and takes account of the level of
impact, the duration of inconvenience and the extent to which the
TMO was responsible.
5.0
Other Compensation
Tenants Improvements: Under Section 100 of the Housing Act 1985 and
Secure Tenants of Local Authorities (Compensation for Improvements)
Regulations 1994, the tenant has the right to compensation at the end of the
tenancy for improvements carried out during it.
Entitlement relates only to a “qualifying improvement”. This is the installation
or replacement of any of the specified items. For further information you
should contact your Neighbourhood Services Officer to get more information.
Home Loss Payments: This is a claim that may be made if a tenant is
permanently displaced from their home. For a full explanation of the
qualifying criteria please contact your Neighbourhood Services Officer.
Disturbance Payments: These are payments which you may be entitled
to if you are relocated on a temporary/permanent basis.
6.0
Timescales
The TMO aims to deal with requests for refunds and compensation
within 28 days unless the particular circumstances require a more detailed
investigation. Where a claim requires this, the TMO aims to resolve the
situation within 12 weeks.
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