• Right to Repair

Right to Repair

Q - What is the right to repair
From 30 September, 2002 under the Housing (Scotland) Act 2001, Scottish secure tenants and short Scottish secure tenants have the right to have small urgent repairs carried out by their landlord within a given timescale. This is called the Right to Repair scheme. The repair detailed on the attached repair request form, as reported by you, is deemed to be a qualifying repair under the Right to Repair scheme.

Q - What repairs come under the Right to Repair?
The scheme covers certain repairs up to the value of £350. These repairs are known as ‘qualifying’ repairs. They include:

• unsafe power or lighting sockets or electrical fittings;
• loss or part loss of electrical power;
• loss or part loss of gas supply;
• a blocked flue to an open fire or boiler;
• external windows, doors or locks which are not secure;
• loss or part loss of space or water heating if no alternative heating is available;
• toilets which do not  flush (if there is no other toilet in the house);
• blocked or leaking foul drains, soil stacks or toilet pans (if there is no other toilet in the house);
• a blocked sink, bath or basin;
• loss or part loss of water supply;
• significant leaking or flooding from a water or heating pipe, tank or cistern;
• unsafe rotten timber flooring or stair treads;
• unsafe access to a path or step;
• loose or detached banisters or handrails; and
• a broken mechanical extractor fan in a kitchen or bathroom which has no external window or door.

Q - What happens when I report a repair?
When you report a repair, your landlord will let you know whether it is their responsibility and whether it is a qualifying repair under the Right to Repair scheme. Your landlord may need to inspect your home to find out whether the repair is a qualifying repair or not. If the repair does qualify under the scheme, your landlord will:

• tell you the maximum time allowed to carry out the repair (commencing on the first working day after it was reported)
• tell you the last day of that period;
• explain your rights under the Right to Repair scheme;
• give you the name, address and phone number of their usual contractor and at least one other contractor  from a list; and
• make arrangements with you to get into your home to carry out the repair

Q - How long does my landlord have to carry out the repair?
The maximum time within which the repair must be carried out is detailed on the attached repair request form. Sometimes there may be circumstances which we have no control over which make it impossible to do the repair within the maximum time (for example, severe weather). In these circumstances we may need to make temporary arrangements and to extend the maximum time. If we are going to do this, we must let you know.

Q - What happens if the work is not done in time?
If the primary contractor, as detailed on the repair request form, does not start the qualifying repair within the time limit set, you can tell the secondary contractor to carry out the repair. You cannot use a contractor who is not on the Association’s list. The other contractor will then tell the Association that you have asked them to carry out the repair. The Association will then pay you £15 compensation for the inconvenience. If your landlord’s main contractor has started but not completed the repair within the maximum time, you will also be entitled to £15 compensation.

Q - 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 main contractor. If they do not carry out the repair within the time limit set, you will be entitled to another £3 compensation for each working day until the repair has been completed. This amount can add up to a maximum compensation payment of £100 for any one repair.

Q - What if there is no other contractor available?
In this case, your landlord’s main contractor will carry out the repair but you will still be entitled to the compensation payment.

Q - What happens if I am out when the contractor calls to carry out the inspection or repair?
If the contractor cannot get into your home at the time you have agreed with the landlord, your right to repair will be cancelled. You will then have to re-apply and start the process again.

Q - Who pays for the repair?
The landlord pays for the repair. If you have told another contractor to carry out the repair, the contractor should send the bill direct to the landlord.

Q - How can I find out more?
Contact the Association’s Maintenance Department (Direct Line Tel No. 0845 052 0039) or;

The Scottish Development Department at:

Housing 2:3
Area 1-G
Victoria Quay
Edinburgh
EH6 6QQ

Email: housinginformation@scotland.gsi.gov.uk