PART IISECURE TENANTS
CHAPTER IISECURITY OF TENURE AND RIGHTS OF SECURE TENANTS
F2Other rights of secure tenants
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.
1986 NI 13