Regenter Housing Office

45 Cowley Road

Myatts Field North

London

SW9 6AJ

0203 664 1002- Landline number

07912395132 - Mobile

[name & address]

[date]

Dear Homeowner,

Re: Guidance on Disturbance Payment for Homeowners

Further to my letter 8th May 2013, I write to enclose some further guidance on disturbance costs for homeowners. The guidance should provide some further clarity on the process and on how to claim.

The key requirement is that you must keep a record of the costs you have incurred in order to claim appropriately. Please do not hesitate to contact me if you have any further queries or wish to meet in person to finalise your claim.

Yours sincerely,

Andrew Wilson
CPO Project Manager

Myatts Field North

Guidance on Disturbance Payments for Residential Homeowners

  1. Introduction
  2. This document gives further guidance on disturbance payments and the processof making a claim.

1.2Our aim is to manage the process fairly and to work with you to make sure moving home is as smooth as possible.

  1. What is a ‘Disturbance Payment’?
  2. The definition of Disturbance Payment from CLG (Communities and Local Government) publication ‘Compulsory Purchase and Compensation Booklet 4: Compensation to Residential Owners and Occupiers’ states:

“Every cost can be considered on its merits and should be recoverable if a natural, direct and reasonable consequence of being disturbed”

2.2It is therefore recommended that homeowners keep a detailed record of losses sustained and costs incurred in connection with the acquisition of the new property. You should always keep all relevant documentary evidence such as receipts, invoices and fee quotes. The costs evidence is important because the onus is on you to justify the claim.

2.3We will pay the following eligible Disturbance Payment costs:

a)A lump sum of £1,030 to cover the cost of removals, redirection of mail for a period of 6 months and disconnection and reconnection of services including TV, broadband and phone. Please get in touch with Andrew Wilson should you wish to claim the lump sum. The claim form enclosed asks for your bank details to enable us to pay directly into your bank account. We have arranged for company Topps Removals to provide a full removals service, including packing should you wish to use them.

b)The cost of the professional installation of your dishwasher and/or ‘American’ style larger fridge/freezer into your new kitchen. Please also indicate on the claim form if this applies to you.

c)Refitting existing carpets or laminates wood flooring into the new home. The general expectation is that residents are expected to maximize the take up and refit of their existing carpets or laminate/wood flooring. We can recruit and provide a local carpet fitting service to assist with this. This is a standard, eligible cost. However, it is often the case that it is not always possible or reasonable to refit existing carpets or laminates/wood flooring due to different sizes and layouts. In this circumstance, the resident can claim for extra replacement carpet or laminate/wood flooring to a value not exceeding £20 per m2, including underlay.

d)Refitting existing curtains into the new home. The general expectation is that residents are expected to maximize the refitting of existing curtains into the new home. This may involve having curtains taken up if that is practical. The cost of doing this taking up and refitting is a standard, eligible cost. However, it is not always practical or possible for this refitting to take place due to different size windows. In this circumstance homeowners can choose to purchase and claim for reasonable ‘middle range’ lined curtains. Morleys in Brixton have indicated a cost of around £1,100 is reasonable for your new home. All new homes will now be fitted with curtain batons as standard.

e)Legal fees arising from the acquisition of the new replacement property.

f)Stamp Duty arising from the acquisition of a replacement property

g)Fees and costs in connection with the transfer of an existing mortgage or raising a new one (see CLG’s ‘Compulsory Purchase and Compensation Booklet 4: Compensation to Residential Owners and Occupiers’,for further details). The section on eligible costs associated with changing mortgages is set out in points 2.56 and 2.57 (listed below), is illustrative of what can be claimed by way of compensation:

‘2.56 Losses may occur as a result of having to transfer a mortgage. Provided the losses flow as a direct and reasonable consequence of the acquisition, you will be entitled to compensation.

2.57 There may be circumstances where you have a mortgage which is fixed at a favourable rate which is more expensive. Where this is occurs, compensation is paid based on the difference between the net amount it would cost to repay the outstanding sum on the mortgage at the old rate and how much it would cost at the new rate.”

2.4The above list is not exhaustive and homeowners may claim for other ‘reasonable’ costs provided that it is a natural, direct and reasonable consequence of being disturbed.

  1. How to make a claim
  2. As set out in the CLG guide ‘the onus is on the claimant to justify his or her claim”. It is therefore important that It is recommended that homeowners keep a detailed record of losses sustained and costs incurred in connection with the move to the new property. Residents should always keep all relevant documentary evidence such as receipts, invoices and fee quotes.

3.2In order to make claim residents should fill out the attached form and return it to Andrew Wilson, Regenter Housing Office, 45 Cowley Road, Myatts Field North, London, SW9 6AJ. Your claim will be assessed within 10 working days and we can make arrangements to pay contractors direct, providing this has been agreed beforehand.

3.3We are happy to meet in person in finalising your claim. The key requirement is that you must keep a record of the costs you have incurred in order to claim appropriately.