Issue - meetings

In common with all social landlords, the Council is obliged in some circumstances to make payments to tenants or leaseholders to compensate them for loss or inconvenience. The Housing Compensation Policy is intended to provide clarity of the circumstances, both discretionary and statutory, where it is appropriate such payments will be made.

Purpose of report

In common with all social landlords, the Council was obliged in some circumstances to make payments to tenants or leaseholders to compensate them for loss or inconvenience. The Housing Compensation Policy was intended to provide clarity of the circumstances, both discretionary and statutory, where it was appropriate that such payments be made.

Decision

That Cabinet:

1. Notes the content of the report.

2. Approves the Housing Compensation Policy. 

3. Delegates authority to the Director of Housing and Property, in consultation with the Cabinet Member for Housing and Property, to make minor amendments to the Housing Compensation Policy as required by changes to regulation or legislation.

Alternative options considered and rejected

Doing nothing would leave the Council without a compensation policy in place.  This had not been recommended due to the risk of non-compliance with statutory obligations; it also increased the likelihood of a service failure becoming a formal complaint.

Approving and implementing the Housing Compensation Policy was the preferred option, as the policy provided clear guidance on the Council’s arrangements for the payment of compensation.

Reason for decision

The Housing Compensation Policy provided clear guidance and consistency:

• on the payment of statutory compensation

• on situations where the payment of discretionary compensation was appropriate

• by reducing the likelihood of a challenge through the courts and the Upper Tribunal (Lands Chamber)

• by recognising the Council’s commitment to putting things right where there was a service failure.

The Policy also outlined which claims could not be considered for compensation; for example those claims for personal injury, for damage caused by circumstances beyond the Council’s control, issues caused by a third party not working for the Council, and problems resulting from a failure of the tenant to act reasonably.

Compensation could take the form of money, or work to repair damage, for example, repairs needed due to flooding. Compensation payments by the Council for service failure, loss and disrepair had increased in 2021/22 compared to the figures seen in 2020/21.

The Cabinet Member for Housing and Property highlighted that there had been an error when drafting the Policy. Due to best practice being followed from North Northamptonshire Council, their name had mistakenly appeared within the draft policy. This would require correction to clarify that South Kesteven District Council were the owners of the Policy.

Cabinet Members thanked the Housing team, the Cabinet Member for Housing and Property, and other officers involved with the Policy for their work in bringing this report to Cabinet.