Decant policy
In this section
Determining the value of Disturbance Payments
29.1 WHBC will pay all reasonable expenses that the leaseholder 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 22 above, but each payment will depend on the particular circumstances.
29.2 If we decide to make a discretionary disturbance payment, we will pay reasonable costs up to the values set out in this policy. The amount of the discretionary disturbance payment cannot be varied from the amount that would have been payable if the resident had legal entitlement.
29.3 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.
General enquiries:
Upper Tribunal (Lands Chamber)
5th floor, Rolls Building
7 Rolls Buildings
Fetter Lane
London
EC4A 1NL
- Email: lands@justice.gov.uk
- Telephone: 020 7612 9710
- Fax: 020 7612 9723
29.4 WHBC will not normally pay Disruption Payments to owners or subtenants 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.