home loss payment "interest due" help

pmason_3

My Registered Social Landlord "decanted" me from my home in 2007 because he was "demolishing & rebuilding"...he failed to inform me that I had a right to "Home Loss Payment" and last year, I contested this and after a succession of "fibs & denials" from the Landlord, he agreed to pay me the Home Loss Payment that I should have had in 2007 !!....having got this far, I have asked for Interest to be paid to me because my Landlord failed to pay me what I had a Statutory Right to in 2007 and he has now said "we do not have to Pay you any Interest" !!??.....can you tell me if I have a Legal Right to Claim Interest because I think that it is Due as the Late Payment of "Home Loss Payment" is a "Debt" and...possibly a Breach of Statutory Interest on it's own Merit ??!!....I think that Interest due to me is "Late Entry Interest" ??....HELP !!?? thank you...............

clutton_2

is this home loss payment a clause in your tenancy agreement ? i have never heard of this in landlord and tenant law. if it is in your AST - your AST will also tell you if interest is payable.

PasturesNew

Which country are you in?
This is a UK-based website and we've not heard of any Home Loss Payment before.

Update: Blimey, there IS such a thing: http://www.opsi.gov.uk/si/si2008/uksi_20081598_en_1

Update: I think that's for owner/occupiers, not tenants

Ladybird20

eek i never heard of that before

PasturesNew

Just skimming the first two paragraphs, it reads to me like it might be for "moving out costs" if you are an owner occupier who has been compulsory purchased. Obviously I could be entirely wrong as I skimmed and didn't dig about.

PasturesNew

But then I did dig. It applies to council and HA tenants here:
http://www.housingcorp.gov.uk/server/show/conWebDoc.2469

But if the OP has a social landlord, isn't that a private bloke that's been approved, so still outside of that ruling?

Edit: Hang on, looks like these social landlords count in too ... can't be 4rsed to read up on it all though to be honest....

pmason_3

i am in the UK !!...and...anyone who has to move out due to "demolition" etc, whether they own or are tenants, has a Statutory Right to Claim " Home Loss Payment" under The Land Compensation Act (Home Loss Payment)....any Tenants out there reading this who have lived in their Homes for over a Year, need to make sure their Housing Assoc Landlords have "coffed up" !!...i am trying to finding out if my Hous Assoc Landlords are Legally Liable to pay me Interest on top of the £4,000 they SHOULD HAVE PAID ME IN HOME LOSS PAYMENT IN 2007 !!??......the Housing Corp ACTUALLY DON'T KNOW THE ANSWER , but then.....they don't know EXACTLY WHAT THEIR NAUGHTY HOUSING ASSOCIATION LANDLORD MEMBERS GET UP TO !!.....any Lawyers out there who might be able to help me about the Interest I can ask for ??....

lincroft1710

Found this link http://www.voa.gov.uk/instructions/chapters/land_compensation_ch5/sect13/Frame.htm

If you scroll down to Para 13.7 it gives the timetable of when HLP should be paid, which is pretty soon after property is taken. So as it is expected that HLP paid out quickly there is probably no scope in legislation for interest payments. If this is the case then HA would not be obliged in law to pay any interest.

13.7 Timetable

Where a claimant is entitled to a HLP it must be made on or before the latest of:
(a) the date of displacement;
(b) the last day of the period of three months, from the making of the claim; or
(c) in a case where payment is based on market value of the property the day this is agreed or determined.

pmason_3

Thanks for your Comments !!....the Statute Land Comp Act says that anyone who "fits the Criteria" (we did !!...) is entitled to Claim Home Loss Payment but, in our Case, our Reg Social Landlords FAILED TO INFORM US WE WERE DUE TO DOSH !!.....we Contested this with them last year and then after 6 months fighting them , they gave in !!....I was trying to ask anyone out there who may have had the same Probs if they had got Interest too because if a Compensation Home Loss Payment is "paid later then 3 months after it is due", it does become a "Debt" and, therefore, we firmly believe the blinkin Landlord should Pay us Interest and, he is, once again, trying to "pull the wool over our eyes" !!??.....we have been offered a New Complaint case "spot" by The Housing Ombudsman, but...a word of warning to anyone asking the Ombudsman to "help" !!....in our Case, the Ombudsman "believed the Housing Association" in a previous 2 YEAR COMPLAINT AGAINST OUR APPALLING HOUS ASSOC LANDLORDS despite the Facts & Evidence we had !!.....a tad similar to "M.P.'s" Expenses" I fear ??!!......think we are going to pursue our Claim for Interest thru the Civil Court so....wish us luck and.....REMEMBER...IF YOU ARE A TENANT AND HAVE LIVED IN YOUR HOME FOR A YEAR OR MORE, WITH A SECURE TENANCY IN PLACE, YOU DO HAVE THE RIGHT TO "HOME LOSS PAYMENT" IF THEY "DECANT YOU" !!??....IT IS YOUR LANDLORDS LEGAL RESPONSIBILITY TO ENSURE YOU ARE OFFERED THE PAYMENT AND....SOME DO NOT !!....we fought our Case because we DID HAVE AN ENITITLMENT SO GOOD LUCK OTHER TENANTS, BE FIRM AND....REMEMBER, THIS HOME LOSS PAYMENT WILL HELP FOR THE AWFUL INCONVENIENCE & DISTRESS THAT BEING "MOVED OUT" CAUSES !!??....

Any Solicitors out there tonight who can answer my question re the Interest Claim please ??!!...Taa !!....

Cissi

I'm not a solicitor and have no idea if any interest would be due, but was just wondering if I'm the only one who is put off reading posts PEPPERED WITH CAPITAL LETTERS AND DOUBLE EXCLAMATION MARKS !!??.... .... ...

Please don't shout, it gives me a headache :rolleyes:

lincroft1710

I would think yours is a bit of a unique case, as there are probably not many HLPs made by HAs and I would imagine most are paid "on time".

If working on 3% pa interest, then if you are entitled to interest you would only get £120 from 07 to 08. Your costs for an unsuccessful claim through a court could be more than that.