Determining the value of a Home Loss or Disturbance Payments
Home Loss Payments
14.6 The amount of Home Loss Payment is set by the Government. These amounts are set out in the Land Compensation Act 1973 and currently, the Home Loss Payments (Prescribed Amounts) (England) Regulations 2017 (the Regulations). The Regulations are regularly updated by Government and prescribe the amount of home loss payments. The value of any home loss payments will be paid in accordance with the Regulations in force at the relevant time.
14.7 WHBC or the resident has the right to apply to the Upper Tribunal (Lands Chamber) in the event of disagreement about the value.
14.8 WHBC will pay all reasonable expenses that the owner or sub tenant incurs as a result of the permanent decant. Interest will be payable from the date of displacement until the date of payment at the prescribed rate. Examples of reasonable expenses are set out in section 13 above, but each payment will depend on the particular circumstances.
14.9 WHBC or the resident has the right to apply to the Upper Tribunal (Lands Chamber) in the event of disagreement about the amount of disturbance payment due as a result of a statutory obligation.
14.10 WHBC will not normally pay Disturbance Payments to owners or sub tenants who are required to decant temporarily unless there is an obligation under the lease, or the decant is required as a direct result of WHBC’s actions, failure to act or negligence. In these cases we will process any claims under our liability insurance.
14.11 If we do decide to make a discretionary disturbance payment, then we will pay reasonable costs up to the values set out in this policy. The amount of discretionary disturbance payment cannot be varied from the amount that would have been payable if the resident had legal entitlement.