PART IISECURE TENANTS

CHAPTER IISECURITY OF TENURE AND RIGHTS OF SECURE TENANTS

F2Other rights of secure tenants

Annotations:
Amendments (Textual)

F1Right to have repairs carried out38A

1

The Executive shall prepare and submit to the Department a scheme for entitling secure tenants of the Executive to have qualifying repairs carried out, at the Executive's expense, to the dwelling-houses of which they are secure tenants.

2

A scheme submitted under paragraph (1) may contain such provision as the Executive thinks appropriate and, without prejudice to the foregoing, shall include provision with respect to—

a

the period of time within which the repairs must be carried out;

b

the payment of sums to tenants by way of compensation where the repairs are not carried out within the period of time specified in the scheme;

c

the method by which sums of compensation payable under the scheme are to be calculated; and

d

the circumstances in which the Executive may set off against any compensation payable under the scheme any sums owed to it by the tenant to whom compensation is payable.

3

The Department may approve a scheme submitted under paragraph (1) with or without modifications.

4

The Executive shall comply with a scheme approved by the Department under paragraph (3).

5

The Executive may at any time, and if the Department so directs shall, submit to the Department proposals amending a scheme approved under paragraph (3) or a scheme replacing any such scheme; and paragraphs (3) and (4) shall have effect in relation to those proposals or a scheme replacing an existing scheme as they have effect in relation to a scheme.

6

Any question arising under a scheme approved under paragraph (3) may be referred to and determined by the county court.

7

In this Article—

  • “qualifying repair”, in relation to a dwelling-house, means any repair of a description specified in a scheme approved under paragraph (3) which the Executive is obliged by a repairing covenant to carry out;

  • “repairing covenant”, in relation to a dwelling-house, means a covenant (whether express or implied) obliging the Executive to keep in repair the dwelling-house or any part of the dwelling-house.