RIGHT TO COMPENSATION FOR IMPROVEMENTS

THE TENANT'S CHARTER FOR SCOTLAND

THIS LEAFLET GIVES INFORMATION ABOUT THE RIGHT TO COMPENSATION FOR IMPROVEMENTS

What is the Right to Compensation for Improvements?
Who Gets compensation?
Do I Need permission to make improvements?
What kind of improvements can I get compensation for?
How do I get compensation?
How much can I get?
How is my compensation worked out?
What can I claim compensation for?
What if I don't agree with my landlord's decision on my claim?
How can I find out more?

IMPORTANT

This leaflet is only a general guide and is not a complete authoritative statement of the law. If you want to know more about your rights you should get advice from a solicitor or your local Citizen's Advice Bureau. Your landlord may also be able to help you.
If you make a false claim or claim for more than the real amount, your landlord can take you to court.

WHAT IS THE RIGHT TO COMPENSATION FOR IMPROVEMENTS?

In line with the principles of the Tenant's Charter for Scotland, the Government has created a new right for public sector tenants.
If you are a secure tenant of a public sector landlord you may be able to get compensation from your landlord for improvements you have made after 1 April 1994 to your house or flat. Compensation can only be paid if the improvements have been approved by your landlord and your tenancy has ended.
You can apply for compensation when you know your tenancy is coming to an end and early notification to your landlord is advisable. You can also apply if your tenancy comes to an end because your house or flat is being transferred to a new landlord.

WHO GETS COMPENSATION?

All secure tenants of district, islands or regional councils, Scottish Homes and new town development corporations.
Where the tenancy ends because of the death of the tenant, or other special circumstances, compensation can still be claimed. If you have succeeded to the secure tenancy your landlord will be able to tell you if you are eligible for compensation.
You will not receive compensation if you purchase your house or flat under the Right to Buy or Rent to Mortgage schemes. Nor will you receive compensation if your home is being repossessed by your landlord or if you are being granted a new tenancy of your existing house by the same landlord.

DO I NEED PERMISSION TO MAKE IMPROVEMENTS?

Yes. You should get written permission from your landlord before you make any improvements. If your landlord refuses permission you have the right of appeal to the Sheriff Court. But remember that compensation is not payable if consent is refused.

WHAT KIND OF IMPROVEMENTS CAN I GET COMPENSATION FOR?

You can only get compensation for improvements which were started after 1 April 1994.
The Right to Compensation applies to the following improvements:-

• Bath or shower
• Cavity wall insulation
• Double glazing or other external window replacement or secondary glazing
• Draught proofing of external doors or windows
• Insulation of pipes. Water tank or cylinders
• Kitchen sink
• Loft insulation
• Rewiring and the provision of power and lighting or other electrical fixtures (including smoke detectors)
• Security measures other than burglar alarms
• Space or water heating
• Storage cupboards in bathroom or kitchen
• Thermal radiator valves
• Wash hand basin
• Water closet (WC)
• Work surfaces for food preparation

Please note that interior decoration does not qualify for compensation

HOW DO I GET COMPENSATION?

You must make a claim in writing to your landlord within the period starting 28 days before and ending 21 days after your tenancy comes to an end. If in doubt ask your landlord how to claim.

Your landlord will need to know:-

• Your name and address;
• What improvements you have made;
• How much each improvement cost; and
• The date the improvements were began and were finished.

Your landlord may also wish to inspect the improvements.

HOW MUCH CAN I GET?

You can receive up to a total of £3,000 for any one improvement, but you will not receive any compensation for an improvement if the amount of compensation payable is below £50.

HOW IS MY COMPENSATION WORKED OUT?

Your landlord will start with the cost of the improvements and may require you to provide evidence of the amount spent. It is a good idea to keep a copy of any bills in a safe place and you may wish to consider sending a copy to your landlord when the work is completed for his records.
If you had financial assistance, ie a grant, to help make your improvements your landlord will deduct the grant from the cost of your improvements.
The value of any improvement falls as it gets older and as you get use out of it. The compensation you will get will take the age of the improvement into account.
Your landlord may reduce the compensation payable if it considers the cost of the improvement was excessive, or the quality is higher than it would have been had the landlord installed it.
Your landlord may reduce the compensation payable - up or down - depending on the condition of the improvement when the tenancy ends.
Your landlord can also take off any money you owe (eg for rent arrears) from any compensation awarded.

WHAT CAN I CLAIM COMPENSATION FOR?

You can claim compensation for:-
the cost of materials, (but not appliances such as cookers or fridges); and labour costs (but not your own labour).
You will usually need to give your landlord an invoice to show how much your improvements cost. If you have not got an invoice, tell your landlord straight away and give your landlord a rough idea of the total cost.

WHAT IF I DON'T AGREE WITH MY LANDLORD'S DECISION ON MY CLAIM?

You can ask your landlord to review or reconsider his decision within 28 days of your being notified of your award or non-award. Your landlord must then have his decision reviewed by one of the following:-

• an independent valuer or surveyor appointed by your landlord;
• any of the landlord's members (Councillors or Board Members) who took no part in making the initial decision; or
• reconsidered by all the landlord's members.

HOW CAN I FIND OUT MORE?

The regulations are contained in Statutory Instrument No. 632. The Secure Tenants (Right to Compensation) (Scotland) Regulations 1994 are obtainable from The Stationery Office priced £1.55.
Further details can be obtained from your landlord or from The Scottish Office Development Department, Housing Division 1, First Floor East, Victoria Quay, Edinburgh EH6 6QQ, or by telephoning 0131 224 2105 or 2023.

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