Orwell Housing Association regularly reviews the condition of its housing stock to plan when and how to modernise or improve it. We are also required by the Government to bring all our properties to a defined ‘Decent Homes’ standard.
Orwell staff will always discuss with you well in advance the proposed works, the timescale and the possibilities of remaining in residence, moving temporarily or transferring permanently.
This section describes how we may compensate you for inconvenience, expense of temporary or permanent moves and for permanent loss of your home.
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Stay at home, move temporarily or move permanently?
We will take account of:
- The extent and nature of the works – would it be unsafe or seriously disruptive for you, or more difficult for the contractors, if you remain in your home while the works are carried out?
- The time that the works programme will take.
- Whether the completed property will still be suitable for your household.
- Is the work repair only, or does it include, or solely comprise, improvements – e.g. modernisation, upgrading or enlargement.
- Is the property to be redeveloped – e.g. demolished, stripped out, re-built or converted into a different type of property.
We will always take into consideration your reasonable wishes for moving or for transferring temporarily or permanently.
If the work is to be done while you remain at home, we would try not to cause too much disturbance.
If the work is so extensive that you have to move, we will provide suitable temporary or permanent accommodation.
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Compensation - Inconvenience
If you remain at home during the works we may make you an ex-gratia payment, to compensate you for any serious inconvenience.
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Disturbance Allowance
If you have to move out temporarily and return to your home when the works are complete we will help you by paying a ‘disturbance allowance’ to cover the expenses of your move. This:
- Applies to both a temporary move out and the return move, or to a single move to alternative permanent accommodation.
- Is payable regardless of the type of agreement you hold, or the time you have lived there.
- Covers reasonable costs arising directly from the need to move.
- Physical removal costs.
- Disconnection and reconnection costs, e.g. phone, cooker, washing machine etc, redirection of post.
- Essential unpaid time off work to arrange move.
- Additional costs: adapting or replacing carpets and curtains, different school uniforms, disability adaptations, redecoration. These are normally paid for permanent moves only.
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Home Loss Allowance
If the move must be permanent, then in certain circumstances we would also pay ‘Home Loss Allowance’. The legal rules for claiming Home Loss Allowance are:
- You must have been a tenant (i.e. not a hostel licensee) of the property for at least a year before the permanent move.
- Orwell will not allow you to move back into your former home or
- The property is so substantially re-built or changed to a different type of property that it cannot be regarded as your former home.
- The works include re-development or improvement.
If the works are ‘repair only’ you will usually be able to move back in. The law does not require Home Loss payments for permanent moves following repair works. However if you cannot return, Orwell would consider making a voluntary ‘Home Loss’ payment.
Statutory Home Loss allowance do change from time to time so it is best to check any amounts with your Housing Officer.
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Claiming Compensation, Home Loss or Disturbance Allowance
Some of these payments are required by law while others are made voluntarily by Orwell.
- You would need to provide evidence of your relevant and reasonable costs to claim Disturbance Allowance. We will provide full information about what costs may be eligible before you move.
- You should claim as soon as possible after the move or, for compensation, after the works are completed. We will provide a claim form.
- If you are in rent arrears or owe other amounts to Orwell, we reserve the right to pay part or all of any agreed Compensation, Disturbance Allowance and voluntary Home Loss payment towards the debt. We may ask you to agree to us treating statutory Home Loss allowance in the same way, but cannot require this.
- If you disagree with the amount payable, and it is a statutory rather than a voluntary payment, you can appeal to a body called the Lands Tribunal.
The table overleaf illustrates the normal entitlements for tenants.
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Compensation Allowances for Home Loss or Disturbance
Type of work
Opportunity to return
Home loss (If one year’s tenancy)
Removal, reconnection, unpaid
Furnishings
School uniforms
Disabled adaptations
Re-decoration
Improvement
NO
YES
YES
YES
Improvement
YES
NO
YES
NO
Conversion
NO
YES
YES
YES
Conversion
YES
NO
YES
NO
Demolition
NO
YES
YES
YES
Major repairs
YES
NO
YES
NO
Major repairs
NO
YES
YES
YES