Decant policy

Tenant Compensation and Home Loss Payments

13.1 WHBC will meet reasonable costs (agreed by the appropriate Head of Service) that tenants incur as a direct consequence of being required to move home. See section 14 for payments to leaseholders.

13.2 We will not make any payments to lodgers or licensees as WHBC has no legal duties in this respect.

13.3 Where WHBC requires a tenant to move permanently due to demolition, improvement (which includes alteration or enlargement) or redevelopment (which includes a change of use), they may be entitled to claim a statutory Home Loss Payment, to compensate them for the personal upset and distress of losing their home. Home Loss Payment is not available for temporary decants.

13.4 To qualify for the Home Loss Payment they must:

• Be the tenant (but see below regarding spouses and civil partners);
• Have occupied the property as their sole or main home for a minimum of 12 months at the date of displacement (irrespective of whether they were the tenant throughout e.g. where they are a successor); and
• Be moving as a result of the proposed works.

13.5 A spouse or civil partner of a tenant may claim Home Loss Payment if it can be shown that there is a matrimonial home right. The spouse/civil partner who remains in occupation is treated as occupying by virtue of his or her spouse’s interest under the tenancy. A spouse who has moved out of the property will not be able to claim as he or she will not be able to satisfy the occupation condition.

13.6 Tenants who have not occupied their property for 12 months will not be eligible for a Home Loss Payment, although they may be eligible for a Disturbance Payment.

13.7 Tenants who have been given formal notice of the need to be permanently decanted and take their own steps to find new accommodation, rather than waiting for the formal decant offer, will remain eligible for a Home Loss Payment. This includes those who transfer or move into the market rented, shared ownership or private sale sectors.

13.8 More than one person cannot be entitled to a Home Loss Payment. In these circumstances the payment is shared equally between those entitled, meaning that there will only be one Home Loss Payment per household.

13.9 If a household has to move to temporary accommodation before moving into new permanent accommodation, the household will still receive one Home Loss Payment unless all the conditions for the payment are again met.

13.10 Where a household has moved into a new home on the basis that this will be their new permanent home and then WHBC’s redevelopment plans change to include the household’s new home, they will be entitled to a further Home Loss Payment as long as they have lived in the new home for at least 12 months at the date of displacement and they are moving as a result of the proposed works.

13.11 Where a tenant is decanted temporarily but requests to remain permanently in the decant property, they are not entitled to the statutory Home Loss Payment, although a discretionary disturbance allowance will be considered.

13.12 If tenants are evicted prior to being decanted, they will not receive a Home Loss Payment.

13.13 Any claims for Home Loss Payment must be made using the relevant claim form or in writing within 6 years of the date of displacement.