SCOTTISH EXECUTIVE

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RIGHT TO REPAIR

The Tenant's Charter for Scotland

What is the Right to Repair?
Under the Citizen's Charter, and as. part of the Tenant's Charter for Scotland, the Government has introduced a new Right to Repair scheme for public sector tenants from 1 October 1994.

The Right to Repair scheme applies to all tenants of district, islands or regional councils, Scottish Homes and new town development corporations.

Under it landlords should carry out small urgent repairs within a specified time.

If your landlord's contractor fails to start the repair on time, you may instruct another listed contractor to carry out the repair instead. You will also be entitled to a compensation payment from your landlord.

What repairs come under the scheme?
Certain repairs up to the value of £250, called qualifying repairs are covered.

Qualifying repairs include:

• unsafe power or lighting sockets or electrical fittings;
• loss or partial loss of electric power;
• loss or partial loss of gas supply;
• blocked flue to open fire or boiler,.
• insecure external window, door or lock;
• loss or partial loss of space or water heating where no alternative heating is available;
• toilets which do not flush (where there is no other toilet in the house);
• blocked or leaking foul drains, soil stacks or toilet pans (where there is no other toilet in the house);
• blocked sink, bath or basin; loss or partial loss of water supply;
• leaking from a water or heating pipe, tank or cistern;
• unsafe rotten timber flooring or stair treads;
• loose or detached bannisters or handrails; and
• broken mechanical extractor fan in internal kitchen or bathroom.

Your landlord will be able to tell you if a repair you need is included in the scheme and if so will let you know what is the maximum time in which the repair must be done. Your landlord will also be able to tell you how it deals with repairs which are not covered by the scheme.

What happens when I report a repair?
When you report a repair, your landlord will let you know whether or not the repair is his responsibility and whether it is a qualifying repair under the Right to Repair scheme. If it does qualify under the scheme your landlord will:

• tell you the maximum time allowed to him to complete the repair;
• explain your rights under the Right to Repair scheme;
• give you the name, address and telephone number of at least one other contractor (where available) from a list and finally;
• make arrangements with you to get into your home to inspect the repair if necessary, and to carry out the repair.

How long does my landlord to carry out the repair?
Repair times vary depending on the type of repair. If your toilet is not flushing, your landlord usually has one working day to come and repair it, but has 3 working days to mend a loose bannister rail and 7 working days to mend a broken extractor fan in your bathroom or kitchen. These times are set by law, not by your landlord.

Sometimes there may be circumstances beyond the control of the landlord or the contractor which make it impossible to do the repair within the maximum time. Severe weather conditions are an example. In such circumstances temporary arrangements may be needed to extend the maximum time and the landlord must notify you of this.

What happens if the work is not done in time?
If your landlord's usual contractor fails to start the qualifying repair within the time limit set, you may then instruct another contractor from the landlord's list to carry out the repair. The other contractor will tell your landlord that you have asked him or her to carry out the repair. The landlord will then pay you £ 10 compensation for the inconvenience caused to you. If your landlord's usual contractor has started, but not completed, the repair within the maximum time you will also be entitled to £10 compensation.

How long does the other contractor have to complete the repair?
The other contractor has the same length of time to carry out the repair as the landlord's usual contractor. If he/she fails to carry out the repair within the time limit set you will be entitled to a further £2 compensation per working day until the repair has been completed up to a maximum compensation payment of £50 for any one repair.

What if there is no other contractor available?
Then you will have to have the repair carried out by the landlord's usual contractor but you will still be entitled to the £ 10 compensation payment.

What happens if I am out when the contractor calls to carry out the inspection/repair?
If the contractor cannot get into your house at the time agreed with your landlord your right to repair will be cancelled. You will have to re-apply and begin the process afresh.

Who pays for the repair?
The landlord. If you have instructed another contractor to carry out the repair, the contractor should send the bill directly to the landlord who will settle the account.

Your landlord will automatically pay you any compensation due, unless you are in arrears with your rent. He may deduct your arrears from what he owes you, and then pay you the remainder, if any.

How can I find out more?
Contact your landlord.

This booklet is a general guide and is not a complete and authoritative statement of the law.

Further details can be obtained from your landlord or from:

The Scottish Office Development Department,
Housing Division 1,
First Floor East,
Victoria Quay,

Edinburgh EH6 6QQ,

telephone 0131-244-2105 or 2023

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