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INTRODUCTION
- The Leasehold Reform, Housing and Urban Development Act 1993 gave secure tenants of local housing authorities enhanced rights relating to the right to repair. The additional rights amount to compensation following failure to carry out repairs within a specified time.
- The Housing Corporation revised Tenants Guarantee has extended this right to Housing Association assured and secure tenants.
- The procedure explains how the Association will respond to the right to compensation following failure to carry out repairs within a specified time.
PROCEDURE
- Tenants report repairs to the Maintenance Department.
- The Maintenance Department places the repair order and sends the tenant a copy indicating priority of repair. The repair must be a qualifying repair, as in Schedule 1.
- If work is not carried out within that priority time tenants must inform the Association in writing except in the case of an emergency when a phone call is adequate.
- On receiving such information from the tenant a further repair order will be issued. The Association has five further working days to complete the work except in the case of emergency when the time limited is 24 hours.
- If works are again not completed within that period, the tenants shall be entitled to compensation of £10 + £2 per day, every day repairs remain outstanding from the end of the second period.
- The tenants shall be entitled to a maximum of £50 compensation and all requests for compensation should be in writing.
- This procedure does not apply if the tenant has not provided access or the contractor has called but is awaiting parts.
PAYMENT FOR COMPENSATION
- The tenant should put their claim for compensation in writing.
- The Maintenance Department should prepare a report outlining the key dates and commenting on the tenant's claim.
- The Maintenance Manager will consider the report and if agreed raise a cheque requisition charged to the routine maintenance budget.
- The office should respond within 10 days of the tenant's claim.If compensation is not agreed the tenant can use the complaint procedure to pursue the claim.
- The Maintenance Manager should keep a record of all claims and the amount paid.
SCHEDULE 1
This should be read in conjunction with the section on Repairs and Repair Response times in the Tenants Handbook.
EMERGENCY OR URGENT REPAIRS INCLUDE:
- Total loss of electrical power where it is the responsibility of the Association.
- Partial loss of electrical power where it is the responsibility of the Association.
- Unsafe power, lighting socket or electrical fitting.
- Total loss of water supply where it is the responsibility of the Association
- Partial loss of water supply where it is the responsibility of the Association.
- Total or partial loss of gas supply where it is the responsibility of the Association.
- Blocked flue to open fire or boiler.
- Total or partial loss of space or water heating.
- Toilet in the dwelling house) toilet pan.
- Toilet not flushing (where there is no other working toilet in the house).
- Tap which cannot be turned.
- Leaking from water or heating pipe, tank or cistern.
- Leaking roof.
- Insecure external window, door or lock.
- Loose or detached banister or handrail.
- Rotten timber flooring or stair tread.
- Door entryphone not working.
- Mechanical extractor fan in internal kitchen or bathroom not working.
Please note: Any use of HFW policies/procedures by third parties is entirely at their own risk. It is the responsibility of the third party user to verify that the policy or procedure complies with current legislation/best practice before relying on it.
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