What is the right to repair?
Under the Housing (Scotland) Act 2001, Scottish secure tenants and short Scottish secure tenants have the right to have small, urgent repairs carried out within a given timescale. This is called the Right to Repair scheme.
What repairs come under the Right to Repair Scheme?
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 electric 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 bannisters or handrails; and
· a broken mechanical extractor fan in a kitchen or bathroom which has no external window or door.
Our staff will be able to tell you if a repair is covered under the Right to Repair scheme and the timescale within which we aim to complete them.
Currently the Association’s normal completion times for repairs would mean that a qualifying repair would be carried out sooner than timescales stipulated by legislation.
The Association’s timescales for urgent repairs are:
To remove source of direct hazard to life or property (e.g. fire/gas escapes). Where services are affected, these must be restored within 24 hours (excluding power cuts or fractured water mains in street)
Often depends on the time of year and property type. Where prompt action is needed to prevent deterioration to property or undue risk/inconvenience to the tenant.
3 working days
What happens when I report a repair?
When you report a repair, we will let you know whether it is a qualifying repair under the Right to Repair scheme. We 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, we will:
· tell you the maximum time allowed to carry out the repair;
· explain your rights under the Right to Repair scheme;
· give you the name, address and phone number of the usual contractor for the repair reported and at least one other contractor.
What happens if the work is not done in time?
If the qualifying repair is not completed within the timescale provided, you have the right to instruct the second contractor to do the work. Before doing this, please contact us so we can check if there are any exceptional factors that mean the original contractor cannot get the work done. In this case the time limit may be extended.
How long does the second contractor have to complete the repair?
The second contractor has the same length of time to carry out the repair as the first contractor.
You may be eligible to compensation subject to a maximum amount of £100. Exceptions to this include repairs with a value greater than £350, where a part requires to be ordered before the repair can be completed or access has not been available for the contractor.