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A guide To Housing Association Compensation for Improvements – How Much Compensation Can I Claim Against The Housing Association

By Marlon Cooke. Last Updated 1st August 2022. On this page, you will find a guide to claiming housing association compensation for improvements to a property you have been forced to move out of with no choice. It covers key information such as your rights to repairs and maintenance in council and housing association homes and your right to compensation for tenants improvements if you move out of a property.

If you would prefer not to read this information, we will happily explain everything to you on the telephone. All you need to do is call Legal Expert on 0800 073 8804, and we will do all we can to help you.

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A Guide To Housing Association Compensation For Improvements

housing association claims

Housing association claims

If you are living in a rented property that is provided by a housing association, and you have made improvements to your home, then if you are required to move out, you may be able to claim the cost of making the improvements back. When you moved into your rented property, you signed a tenancy agreement. The rules regarding housing improvements will be stated in this agreement. However, it is important to understand that when it comes to claiming against a housing association, then UK law takes precedence over any tenancy agreement you signed with regard to the legal responsibilities of the housing association. This guide will teach you all you need to know about making a compensation claim for housing improvements against the housing association; it includes information such as:

  • An examination of your rights as a tenant if your housing association requires that you vacate your home, and you have spent your own money, making housing improvements to the property.
  • An explanation of how getting permission to make specific home improvements to your rented property effects your ability to claim compensation from your housing authority.
  • Details of what happens if you have applied for permission to make repairs or home improvements to your rented property, and how your situation changes with regard to making a claim if you go ahead and make the improvements anyway.
  • Details of the most common types of home improvements that tenants make to a housing association property that could form the basis of a successful compensation claim.
  • Information regarding the actual process of making a compensation claim for home improvements against a housing association, and what you as a tenant need to do.
  • A table that shows a typical payment list for a housing association agreement with regards to the types of compensation you might be able to claim if you are forced to move out of your home.
  • An overview and introduction to the national claims service that is offered to people all over the UK by Legal Expert as a simple, effective way to make a claim. We also detail the Conditional Fee Agreement (CFA) which is the backbone of this claims service.
  • A number of useful links that will provide additional information for people who need to make a housing improvement compensation claim against a housing association.

When you get to the bottom of this guide, you could find your self with a number of questions unanswered. If this is the case, then please do give Legal Expert a call on the telephone number at the bottom of this page so we can answer these questions for you.

Your Right to Compensation for Tenants Improvements

housing association claim statistics

Source – https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/employmentandemployeetypes/bulletins/workingandworklesshouseholds/2015-10-06

Take a look at the graph above; you will clearly see that the majority of people who rent from a housing association are in the lower income bracket, with no regular work. This means that when these people make improvements to their rented property, the money it costs is a major investment for them, one they cannot afford to lose if they are forced to move out of their home by the housing association. As mentioned in the section above, this guide explains the legal process for claiming these costs back and covers issues such as your right to compensation for improvements, and how improving your housing association property could leave you in a tricky situation financially if you have not followed the proper process for making such improvements.

Your housing association will have its own set of rules regarding home improvements, and each housing association has a slightly different setup. However, the issues below are typical of the stipulations you will find in your own tenancy agreement.

Your housing association will require that all home improvements are carried out as per its requirements, in order for a tenant to have a qualified cause to claim compensation when they move out.

Your housing association may stipulate a specific cut off date for home improvements that will be considered for compensation. This is because the housing association does not believe it should pay for aged improvements, that are more than 10 years old (or whatever arbitrary length of time your housing association has set).

You also must have received written permission from your housing association allowing you to make the home improvements. This permission will have also set a maximum budget for the total cost of the improvements.

Furthermore, if your home has been repossessed, you have been evicted by the housing association, or you owe back rent, then your ability to claim compensation may be limited under your tenancy agreement.

However, what you must understand, is that aside from the rules set by your housing association, the UK law provides you with certain rights. If the agreement with the housing association infringes on any of these rights, then you will still be able to make a compensation claim.

If you are unsure whether the home improvements you have made can be claimed for, contact Legal Expert on the number at the end of this guide. We also have a team of personal injury solicitors available, for you to make a personal injury claim for any mental trauma caused by you having to move out of your home.

Getting Permission to Carry Out Improvements

Whether you are renting from the council or renting from the housing association you will need to make an application for making any form of housing improvements before you carry out the work. You do not own the property, so you cannot simply make any changes that you wish. Your landlord has to give permission.

Your housing association will have a standard process that you will need to follow in order to apply for permission to make housing improvements. As an initial step, you will probably need to speak with your point of contact at the housing association to discuss the possibility of making housing improvements; they will then instruct you on what you need to do.

The type of improvements you wish to make will drive the end decision, and minor alterations such as fitting cupboards, or changing worktops would be easier to gain permission or than large projects such as installing underfloor heating.

The process of granting approval differs among housing associations. However, typically they will provide you with written permission which will stipulate the budget you are allowed to spend on the improvement, as well as any specific requirements on how the work must be carried out. In some cases, your housing association may require you to use a tradesman from their preferred vendor list to do the work.

Legal Expert can help you to claim compensation from a housing association for the cost of any home improvements you made when you are asked to move out. Additionally, if you have suffered trauma due to the fact of losing your home, you can use a personal injury claims calculator to get an idea of how much you might claim for this as well.

What Happens If Your Application for Repairs Is Refused?

If your request to make repairs is turned down, you could be in a position to claim housing disrepair compensation. If your request to make improvements is turned down, it could be for a number of reasons, including:

  • The planned improvements will lead to some form of cost to your housing association, and the permission was denied because of this.
  • The planned improvements have been deemed to make the property unsuitable for renting to future clients, so the housing association does not want you to make them.
  • The planned improvements would lead to the property being made unsafe in some way, and your housing association has denied permission because of this.
  • The planned improvements are already included in a larger renovation or improvement project that your housing association already has planned.

If you go ahead and make the improvements even if permission to undertake the project has been denied, then you could put into jeopardy your tenant’s right to compensation for improvements. Furthermore, you could actually end up being sued by the housing association for the cost of returning the property to its original state before the improvements were made.

If you have made unauthorised home improvements to a housing association property, we may still be able to help you claim compensation. Call Legal Expert on the number at the bottom of this guide to find out. Also, if you have suffered any stress and trauma due to the issues of claiming for housing improvements, then as long as you are ready to claim within the personal injury claims time limit of three years, one of our personal injury team could also help you.

What Improvements Could Qualify for Compensation?

When it comes to right to compensation for improvements housing associations England, the residents need to understand that all types of improvements may not qualify for compensation. For example, if the improvements were also partially a repair, as the housing association repair obligations were not met, it is unlikely the cost of the repair part could be claimed, as your housing association should have been informed about the need for repair so that it could have handled it. However, some types of improvements are much easier to claim for than others, and these can include:

  • If you have added a bath or a shower to your bathroom.
  • If you have added hand wash basin to your bathroom.
  • If you have added a toilet to an outside structure or replaced one in the bathroom.
  • If you have installed an upgraded kitchen sink.
  • If you have fitted additional storage, for example, extra kitchen cupboards.
  • If you have extended or replaced work surfaces in the kitchen.
  • If you have added a new water heater, or thermostats to the radiators.
  • If you have fitted installation to the loft, cavity walls, water pipes or other areas.
  • If you have fitted some for of draught excluder to doors and windows or installed double glazing.
  • If you have upgraded the electrical wiring or fitted additional electrical appliances such as smoke detectors.
  • If you have installed a security system, CCTV cameras or alarms.

All of these types of home improvements will add value to the property owned by the housing association and would be much simpler to claim for than other types. Legal Expert can help you to do this, call us on the number at the end of this guide to proceed. We can also connect you with a personal injury lawyer if you have suffered stress or trauma due to having to move out of your home.

What Do I Have the Right to Claim Compensation for Improvements

Regardless of the housing association repairs and maintenance policy in place, or even the housing association compensation policy, as long as you had permission to make the home improvements in question, you should have an entirely valid claim. Even if they were not permitted, you could still possibly claim. The things you could claim for include, but are not limited to:

  • The hardship associated with having to move out of your home due to the housing association needing you to leave.
  • Some form of housing disrepair compensation if the property had been damaged before the housing association asked you to move out.
  • The cost of install home improvements that were given permission, and potentially those that didn’t have permission.
  • Mental stress and trauma caused by the turmoil of having to move out of your home (using a personal injury solicitor).

Legal Expert can help with all of these, call us on the number you will find in the final section of this guide to get started right away.

Tenant’s Right To Compensation For Improvements – Calculating Compensation

As mentioned, while the details can vary on a claim-by-claim basis, you may have a right to claim compensation from a housing association if they:

  • Fail to make necessary repairs to your home
  • Fail to provide you with the necessary amenities that they were contracted to provide
  • Ask you to vacate your property after you have paid for improvements.

We cannot give you a complete estimate for the compensation you could be awarded, as the circumstances of your claim and the amount you are claiming in compensation from the housing association will depend on your specific circumstances.

We have, however, provided a table using a sample tenancy agreement to show you how compensation could be calculated in a claim based on a violation of a tenancy agreement.

Edit
Reason for making a claim Info about the claim Amount
If you are forced to move out of your home without choice by your housing association. If your housing association requires you to move out of your home, and you have no choice in the matter, then you could claim a small amount of compensation to make up for the hardship of moving. Up to £4,901
If your housing association has failed to make repairs that is legally obliged to do. Your housing association is required by law to make certain types of repairs promptly and properly, if it doesn’t you could claim for the hardship of living in a home awaiting repair. Can Vary
Housing association evicting you after you have made improvements to your home If your housing association evicts you after you had paid for improvements to your home, you could be able to make a claim to recover some of the money you had spent Up to £3,001

If you are looking for a calculation for compensation in your claim, please speak to an adviser. If they find merit in your claim, they could you put you through to a solicitor who would read your tenancy agreement, and compare it against UK law to inform you of how much you could be able to claim in compensation. For a valuation of your claim, please reach out to one of our advisers now.

No Win No Fee Housing Association Compensation Settlements

If you need to try and make a compensation claim for home improvements, because your housing association has asked you to move out of your home, then Legal Expert can help you. Our No Win No Fee claims service is perfect for this.

Under this agreement, there is no charge to actually start a claim on your behalf, and no ongoing charges even if it takes some time to resolve your claim. If we fail to win you any compensation, then we will zero your bill entirely. If we do win you a compensation pay-out, this is when we will ask you to pay our fees.

Call Legal Expert on the number below to find out more about how this claims service operates, and to start your own claim today.

Why Make Your Claim For Improving Your Housing Association Property

Legal Expert operates a team of highly skilled solicitors, well capable of handling housing association home improvements claims successfully. A member of our team is always on hand to deal with any questions or problems you have, and we will keep you regularly updated on what is happening with your claim.

We try to get you the maximum level of compensation we possibly can and do everything possible to ensure that your claim is successful. Call us on the number below to find out more, and to begin your claim today.

Talk to Us Today to Start Your Compensation Claim

Are you ready to begin a compensation claim against your housing association for home improvements due to them asking you to move out of your home? If you are, Legal Expert can help you. Call us on 0800 073 8804 today, and once we know a little more about your case, we will offer you some completely free legal advice on what your next move should be.

Useful Resources and Links

Below, you will find a link that will send you to a full guide to the process of making claims against your landlord:

A guide to making landlord claims

Below, you will find a link that will send you to a full guide to the process of making claims for psychological injuries:

A guide to making psychological injury claims

Below, you will find a link that will send you to a UK Government website covering housing association rentals:

A guide to housing association rentals

Below, you will find a link that will send you to a UK Government website covering council rentals:

A guide to council rentals

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      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.