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Right to Repair
1. A qualifying repair is a repair of a house subject to a Scottish Secure Tenancy or a Short Scottish Secure Tenancy which is repair specified in column 1 of the Schedule below and is the responsibility of the landlord.
As we strive to provide an excellent repairs service to our tenants, we would ask that in instances where a tenant is unhappy with their repair they contact us first and allow us the opportunity to put matters right.
2. The scheme relates to repairs as detailed in the Schedule below which cost no more than £350.00.
3. The Right to Repair Regulations specify that in certain circumstances a tenant may have the right to appoint a second contractor to carry out a reported qualifying repair.
Where a blockage or other problem is found (on inspection or repair) to be the fault of the tenant, the costs will be recharged to the tenant.
| (Defect) | (Maximum period in working days from date immediately following the date of notification of qualifying repair or inspection) |
|---|---|
| Blocked flue to open fire or boiler | 1 |
| Blocked or leaking foul drains, soil stacks or toilet pans where there is no other toilet in the house. | 1 |
| Blocked sink, bath or drain | 1 |
| ELECTRIC POWER | |
| Loss of electric power | 1 |
| Partial loss of electric power | 3 |
| Insecure external window, door or lock | 1 |
| Unsafe access path or step | 1 |
| Significant leaks or flooding from water or heating pipes, tanks, cisterns | 1 |
| Loss or partial loss of gas supply | 1 |
| Loss or partial loss of space or water heating where no alternative heating is available | 1 |
| Toilet not flushing where there is no other toilet in the house | 1 |
| Unsafe power or lighting socket, or electrical fitting. | 1 |
| WATER SUPPLY | |
| Loss of water supply | 1 |
| Partial loss of water supply. | 3 |
| Loose or detached banister or hand rail | 3 |
| Unsafe timber flooring or stair treads | 3 |
| Mechanical extractor fan in internal kitchen or bathroom not working. | 7 |
4. Timescales will start at 9am on the next working day following the day the repair is reported and will end at 5pm on the end day.
The timescales and rules are not always the same. The following will have an effect on the operation of the scheme. Tenants will be informed if there are any changes due to the criteria below.
- If we wish to arrange an inspection of the repair, the timescale does not start until the day after the inspection has been carried out.
- If we cannot gain access to your property despite us trying our best to do so the Right to Repair Regulations are different.
- Timescales will be suspended for as long as there are circumstances of any exceptional nature, beyond the control of the landlord or the contractor who is carrying out the qualifying repair, which prevent the repair form being carried out within timescale.
- A tenant cannot instruct another listed contractor to carry out the qualifying repair if the term of a guarantee for work done or materials supplied of which we have the benefit would be infringed.
5. Compensation
Where the primary contractor has failed to carry out the qualifying repair by the last day of the maximum period the landlord shall pay to the tenant a sum of compensation calculated in accordance with paragraph (2).
The amount of compensation referred to in paragraph (1) shall be the sum of:
(a) £15.00; and
(b) £3.00 for every working day, if any, in the period:-
- commencing on the day after the last day of what would have been the maximum period if the maximum period had applied to the other listed contractor and had started on the day after the day of receipt of instruction; and
- ending with the day on which the qualifying repair is completed,
subject to a maximum amount of compensation of £100.00.
Compensation due will be paid to a tenant by the Association without the tenant having to claim for it.
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