What is the Right to Repair scheme?
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 Right to Repair scheme applies to all tenants of local authorities, housing associations and water and sewage authorities.
What repairs come under the scheme?
Certain repairs up to the value of £350, known as 'qualifying repairs', are covered.
Qualifying repairs include:
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unsafe power or lighting sockets or electrical fittings;
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loss or partial loss of electric power;
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loss or partial loss of gas supply;
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blocked flue to open fire or boiler;
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insecure external window, door or lock;
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loss or partial loss of space or water heating where no alternative heating is available;
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toilets which do not flush (where there is no other toilet in the house);
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blocked or leaking foul drains, soil stacks or toilet pans (where there is no other toilet in the house);
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blocked sink, bath or basin;
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loss or partial loss of water supply;
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significant leaking from a water or heating pipe, tank or cistern;
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unsafe rotten timber flooring or stair treads;
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loose or detached banisters or handrails; and
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broken mechanical extractor fan in internal kitchen or bathroom.
We will be able to tell you if a repair you need is included in the scheme and if so we will let you know the maximum time in which the repair must be done. We will also be able to tell you how we deal with repairs which are not covered by the scheme.
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What happens when I report a repair to the Council?
When you report a repair, we will let you know whether or not the repair is our responsibility and whether it is a qualifying repair under the Right to Repair scheme.
If it does qualify under the scheme we will:
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tell you the maximum time allowed to complete the repair;
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explain your rights under the Right to Repair scheme;
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give you the name, address and telephone number of at least one other contractor (where available) from a list and finally;
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make arrangements with you to get into your home to inspect the repair if necessary and to carry out the repair.
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How long do we have to carry out the repair?
Repair times vary depending on the type of repair. Please see the table below which details the qualifying repairs along with the maximum period allowed for completion of each repair.
Please note that the timescale for carrying out the repair starts from the day after the repair is reported.
** Compensation is payable if the time in this column is exceeded.
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Fault
|
Maximum period for completion in
working days**
|
|
Unsafe power or lighting sockets or electrical fittings
|
1
|
|
Loss of electric power
|
1
|
|
Partial loss of electric power
|
3
|
|
Loss or partial loss of gas supply
|
1
|
|
Blocked flue to open fire or boiler
|
1
|
|
External window, door or lock not secure
|
1
|
|
Loss or partial loss of space or water heating where no alternative heating is available
|
1
|
|
Toilets which do not flush (where there are no other toilets in the house)
|
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
|
|
Loss of water supply
|
1
|
|
Partial loss of water supply
|
3
|
|
Significant leaking from a water or heating pipe, tank or cistern
|
1
|
|
Unsafe timber flooring or stair treads
|
3
|
|
Unsafe access to a path or step
|
1
|
|
Loose or detached banisters or handrails
|
3
|
|
Mechanical extractor fan in internal kitchen or bathroom not working
|
7
|
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What happens if the work is not done in time?
If our main contractor fails to start the qualifying repair within the time limit set you may then instruct another contractor from our list to carry out the repair. The other contractor will tell us that you have asked them to carry out the repair. We will pay you £15 compensation for the inconvenience caused to you. If we have started but not completed the repair within the maximum time, you will also be entitled to £15 compensation.
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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 we do. If he/she fails to carry out the repair within the time limit set, you will be entitled to a further £3 compensation per working day until the repair has been completed. This amount can add up to a maximum compensation payment of £100 for any one repair.
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What if there is no other contractor available?
Then you will have to have the repair carried out by our main contractor but you will still be entitled to the £15 compensation payment.
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What happens if I am out when your main contractor calls to carry out the inspection/repair?
If our main contractor cannot get into your house at the time agreed with us your right to repair will be cancelled. You will have to re-apply and begin the process afresh.
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Who pays for the repair?
We do. If you have instructed another contractor to carry out the repair, the contractor should send the bill directly to us and we will settle the account.
We will automatically pay you any compensation due, unless you are in arrears with your rent. We may deduct your arrears and then pay you the remainder, if any.
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How can I find out more?
Contact your Neighbourhood Office or One Stop Shop|.
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