Compensation

Who gets compensation?

The Right to Compensation applies to nearly all Council tenants.
You will not get it if you are buying your home through the Right to Buy or Rent to Mortgage scheme, because improvements are not included in the purchase price.

Do you need permission to make improvements?

Yes. You should get written permission before you make any improvements. If you do not get permission first, you must ask for retrospective permission when you claim for compensation. This could cause a delay in dealing with your application.

If the Council refuses permission, you have the right to appeal to the County Court. But remember, you cannot get compensation if the Council refuses permission and the County Court will not back you up.

What kind of improvements can you compensate for?

The Right to Compensation applies to improvements which were started on or after 1 April 1994.
The scheme applies to the following improvements:

• bath or shower, wash-hand basin and toilet;

• kitchen sink and work surfaces for preparing food;

• storage cupboards in bathroom or kitchen;

• central heating, hot water boilers and other types of heating;

• thermostatic radiator valves;

• pipe, water tank or cylinder insulation;

• loft and cavity insulation;

• draught-proofing of external doors or windows;

• double-glazing or other window replacement or secondary glazing;

• rewiring, or the provision of power and lighting or other electrical fittings (including smoke detectors);

• security measures (excluding burglar alarms).

Interior decoration (painting and wallpapering) does not qualify for compensation.

How do you get compensation?

You should make a claim when you tell the Council you want to leave. You will have up to 14 days after your tenancy ends to make a claim and an application form is available on request.

We will need enough information to decide how much compensation you will get. We will need to know:

• your name and address

• what improvements you have made

• how much each improvements cost, and

• the date the improvements began and finished.

How is your compensation worked out?

The Council will look at the cost of your improvements. If you had financial assistance (a grant) to help make your improvements, we will take off the amount your grant was worth from the cost of your improvements.

The value of any improvements will go down as it gets older and as you get more use out of it. The compensation you get will depend on how old the improvement is when you claim.

We may give you less if we think the cost of the improvement was too much or the quality is higher than it would have been if the Council had done it themselves.

We may also adjust your compensation up or down - depending on the condition of the improvement when you claim.

We will also take off any money you own from the compensation you get when your tenancy ends. You can get up to a total of £3,000 for any one improvement, but you will not get any compensation if the amount is below £50.

What can you claim for?

You can claim for:

• the cost of materials (but not appliances such as cookers or fridges) and

• labour costs (but not your own labour)

You will need to give the Council a dated invoice to show how much your improvements cost.

If you have not got an invoice, tell the Council straight away and be prepared to give information to allow the original cost to be calculated.

If you make a false claim (for example if you claim for an improvement you have not actually made or you claim for more than the real amount), the Council can take you to court.

What if the council will not pay part of your claim?

You have the right to take the Council to court. But you should get advice from a solicitor or your local Citizens Advice Bureau first. You may also be able to get legal aid.

How to find out more

Contact the Housing Department. The address is:

St Albans District Council
Civic Centre
St Peters Street
St Albans
Herts
AL1 3JE

Telephone on (01727) 819256

E-mail h.repairs@stalbans.gov.uk