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Right to Repair

A Scottish secure tenant is entitled to have a qualifying repair carried out to the house which he/she is a tenant. The types of repair and the timescale (working days) within which they require to be completed are detailed below. A working day is one which is not a public holiday or a Saturday or Sunday. The provisions of the Right to Repair scheme are not intended to replace any existing arrangements that are in place to provide an emergency out of normal working house response to repairs requests The scheme provides tenants with the right to instruct urgent repairs if the Association has failed to carry them out within a specified period. Small repairs are covered each costing up to the maximum of £350 which, if not completed within a reasonable time, may jeopardise the health, safety or security of the tenant, the public or the property. The landlord may consider that the repair requires to be pre-inspected to ascertain if the repair is a qualifying one. Qualifying repairs are those which are considered to be of particular concern to tenants and likely to cause distress if they are not done quickly.

Qualifying Repairs

LOSS OF POWER – Means any aspect of electrical power, i.e. either power sockets or lighting.

PARTIAL LOSS (POWER) – means even a single socket or switch will be included.

COMPLETE/PARTIAL LOSS OF WATER SUPPLY – no distinction between mains water and stored water.

COMPLETE PARTIAL LOSS OF SPACE/WATER HEATING – even a single radiator not working makes this a qualifying repair. However, one option available is to provide the tenant with temporary heating for all affected apartments thereby meeting the second criteria " where no alternative heating is available" No distinction has been made between space and water heating.

Compensation

Compensation must be paid automatically. It is an entitlement i.e. the tenant does not need to claim compensation.

In respect of the initial contractor, if the repair is not completed by the end of the maximum time the tenant will be entitled to a payment of £15.

In addition, if the alternative contractor also fails to carry out the repair within the second period of time, the landlord is required to pay compensation at the rate of £3 per working day, for every working day the repair remains outstanding. The maximum compensation payable is £100.

List of Defects and Repairs that are Qualifying Repairs with Maximum Defect Time
(Defect maximum time ( working days) Shown in bold)

  1. Blocked flue to open fire or boiler. 1
  2. Blocked or leaking foul drains, soil stacks or toilet pans where there is no other toilet in the house. 1
  3. Blocked sink, bath or basin. 1
  4. Complete loss of electric power (sockets or lighting). 1
  5. Partial loss of electric shower. 3
  6. Insecure external window, door or lock. 1
  7. Leaks or flooding from water or heating pipes, 1
  8. Loss or partial loss of space or water heating, where no alternative heating is available. 1
  9. Toilet not flushing where there is no other toilet in the house. 1
  10. Unsafe power or lighting socket, or electric fitting. 1
  11. Complete loss of water supply. 1
  12. Partial loss of water supply. 3
  13. Loose or detached banister or handrail. 3
  14. Unsafe timber flooring or stair treads. 3
  15. Mechanical extractor fan in kitchen or bathroom not working. 7

It may necessary to inspect the house to ascertain whether the repair is a qualifying repair. The tenant shall be notified of this and a date arranged for the inspection.

Where the repair is a qualifying repair, the tenant shall be informed and arrangements made for access. The tenant shall also be informed of the following:

The maximum period within which the qualifying repair is to be completed

  1. The last day of that period
  2. The effect of the right to repair regulations 2002
  3. The name address and phone number of our main contractor and one other contractor from our list of approved contractors.

Note: should a tenant fail to provide access as arranged the entitlement to the above regulations is cancelled.

Instructing another listed contractor

Where the primary contractor has not started the qualifying repair by the last day of the maximum period, the tenant may instruct the other listed contractor to carry out the repair.

The second listed contractor will be informed that they are to contact the Association when they are contacted by the tenant, the contractor will be given a copy of the works order and instructed to carry out the work in the required timescale which will be the same as the original timescale.

Suspension of the maximum period

In exceptional circumstances the running of the maximum period shall be suspended. In this case the tenant will be notified. The repair must be started by the last day of the prescribed maximum time. If it is not started by that date, the tenant can immediately instruct an alternative contractor to do the work.