Overdue repairs - discretionary allowance
Compensation
Where the primary contractor has not completed the qualifying repair within the required time scale, the tenant must receive a flat rate payment of £15.00 as compensation. Payment will normally be made by cheque. Where this is not suitable, payments are usually made by crediting the tenant’s rent account.
Where an alternative contractor is contacted by the tenant in those situations where the primary contractor has not started the work within time scales, an additional £3.00 for every working day the repair remains outstanding must be paid to the tenant by the Council. This payment is in recognition of the inconvenience caused to the tenant by further delays. The maximum sum payable is £100.00.
The maximum amount payable by the landlord in respect of any one repair is £350.00.
This payment of £3.00 is payable from the first working day after the maximum period allowed by the alternative contractor to do the repair has lapsed.
There are a few reasons which may cause the delay in repairs being carried out. These include:
Failure to Provide Access by Tenant
Procedures to complete qualifying repairs within time scales do not apply where the tenant fails to provide access to the contractor either (a) to inspect if it is a qualifying repair, or (b) to carry out the works.
This is dependent on the tenant having been given reasonable opportunity to provide access, for example, arrangements to carry out work at a time suitable to the tenant. For example, this can mean carrying out repairs in the evening where contractual arrangements permit, or carrying out repairs at specific periods such as at lunchtime or between, say, 9am and 10 am. This is extremely important if the Council is to meet its commitments to promoting equal opportunities, for example, to meet the needs of people whose working hours may vary, or the needs of single parents with child care responsibilities.
Suspension of Maximum Period
The running of the maximum period to complete qualifying repairs will be suspended as long as there are circumstances of an exceptional nature that prevent repairs being carried out. These circumstances must be beyond either the landlord's or the contractor's control.
Examples of such circumstances would be as follows: -
Extremely bad weather conditions; or
Unavailability of parts but not simply where planning has been poor, for instance, failure to order parts in time.
The Council must advise the tenant of the suspension of the maximum period, which will be done in writing.
Instructing another Listed Contractor
Where the primary contractor has not started the work within the maximum eligible period, the tenant is entitled to instruct another listed contractor to carry out the qualifying repair. This is, in effect, what constitutes the tenant’s Right to Repair. Tenants may telephone or write to the alternative contractor with instructions.
As soon as the other contractor receives the tenant's instruction, the contractor must inform the Council of the instruction. The contractor is entitled to ask the Council for a copy of the works order.
The Council must then advise the other contractor of the maximum period for completion of the qualifying repair.
The tenant cannot use another contractor where this would infringe the term of a guarantee for work done or materials supplied of which the landlord has the benefit. For example, contract work agreed between the Council and the contractor during development works.
The tenant should contact 0141 577 3700 to seek advice about the alternative contractors.