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Well maintained payments

If you're forced to move out of your home because it's 'substandard', you may be entitled to a well maintained payment if you have kept your home in good repair. This may be the case if your house is bought through a compulsory purchase order or if you have to move out because the council has issued a demolition order or closing order.

What does 'substandard' mean?

The council may decide that your home is substandard if it doesn't meet the tolerable standard. This is a basic level of repair, which sets out essential facilities that your home must have, such as an indoor toilet and adequate heating. You can find out more about the tolerable standard by reading the page on repairing responsibilities.

What is a well maintained payment?

Just because your home is lacking essential facilities, doesn't mean you don't keep it in a good state of repair. A well maintained payment is a 'reward' for keeping your home in a good state, even if technically it doesn't meet the tolerable standard.

When can I claim a well maintained payment?

You may be able to claim a well maintained payment if you've kept your home in good condition but:

  • it's subject to a compulsory purchase order (CPO), or
  • you have to move out because the council has issued a demolition order, or
  • you have to move out because the council has issued a closing order.

Who can claim a well maintained payment?

Home owners

You can claim a payment if you own the property, unless it's subject to a CPO and you've been given a supplementary payment (read the page on compulsory purchase order price to find out more about this). If you rent the property out, you may have to split the payment with your tenants (see below).

Tenants

If you rent your home, you may be able to claim a well maintained payment if you've been responsible for keeping the property in good condition. However, if your landlord has done most of the repair and decorating work, they will probably get the payment instead. It's up to the council to decide who gets the payment - often they decide to divide the payment between the tenant and the landlord.

Other people

The council has the power to make a discretionary payment to anyone else who can show that they've been responsible for keeping the property in good order, for example, another member of the household who isn't on the tenancy agreement, such as a husband, wife or partner.

How do I make a claim?

My home is subject to a CPO

If your home is subject to a compulsory purchase order, the council will send the owner and any tenants of the property a notice saying whether or not a well maintained payment will be made. If you're a tenant and have been responsible for keeping the property in good repair, you'll need to write to the council as soon as possible to claim your share. Keep copies of any letters you write.

If the notice says that you won't receive a payment, you have 21 days to make an appeal to the Secretary of State - contact an adviser at Citizens Advice or a solicitor if you're in this situation as they will be able to help you appeal.

My home is subject to a demolition or closing order

In this case, you need to write to the council to make a claim within three months of being sent the demolition or closing order. If the council refuses to make you a payment, you can appeal to the Secretary of State within 21 days of receiving their decision letter - contact an adviser at Citizens Advice or a solicitor if you're in this situation as they will be able to help you appeal.

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This content applies to Scotland only.
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