Statutory Instrument 1994 No. 1046 (S. 54)

The Secure Tenants (Right to Repair) (Scotland) Regulations 1994

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1994 No. 1046 (S. 54)

HOUSING, SCOTLAND

The Secure Tenants (Right to Repair) (Scotland) Regulations 1994

The Secretary of State for Scotland, in exercise of the powers conferred on him by sections 60 and 338 of the Housing (Scotland) Act 1987(^[1]) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Secure Tenants (Right to Repair) (Scotland) Regulations 1994 and shall come into force on 1st October 1994.

Interpretation
    2.—(1)  In these Regulations-
"landlord" means a person prescribed in regulation 4;
"maximum time" means the time prescribed in regulation 9 and the Schedule;
"qualifying repair" means a repair prescribed as such in regulation 5 and the Schedule;
"working day" means a day which is not a public holiday, a Saturday or a Sunday.


    (2)  In these Regulations any reference to a numbered regulation or to the Schedule is a reference respectively to a regulation bearing that number in or to the Schedule to these Regulations.

Entitlement
    3.—(1)  A secure tenant of a landlord shall be entitled to have a qualifying repair carried out to the house of which he is such a tenant, subject to and in accordance with these Regulations.

    (2)  In respect of any single qualifying repair the landlord shall pay for the work so carried out up to a maximum of £250.

Landlord
    4.    A landlord is-
 (a) an islands or district council, or a joint board or joint committee of an islands or district council or the common good of an islands or district council, or any trust under the control of an islands or district council; or
 (b) a regional council, or a joint board or joint committee of 2 or more regional councils, or any trust under the control of a regional council; or
 (c) a development corporation (including an urban development corporation); or
 (d) Scottish Homes.

Qualifying repair
    5.    A qualifying repair is a repair of a house which is a repair of a defect specified in column 1 of the Schedule and is the responsibility of the landlord.

List of contractors
    6.    A landlord shall maintain a list of contractors prepared to carry out qualifying repairs including the usual contractor.

Procedure
    7.    Where a secure tenant applies to his landlord for a qualifying repair to be carried out to the house of which he is the secure tenant-
 (a) if the landlord considers it necessary to inspect the house to ascertain whether the repair is a qualifying repair, the landlord shall forthwith inspect the house;
 (b) in any case the landlord shall let the tenant know whether the subject of the tenant's application is a qualifying repair and where it is-
 (i) the maximum time within which the qualifying repair is to be completed;
 (ii) the last day of the maximum time;
 (iii) the effect of these Regulations;
 (iv) the arrangements for access; and
 (v) the name, address and telephone number of at least one other listed contractor where available, and
 (c) if the subject of the tenant's application is a qualifying repair, the landlord shall issue a works order to the usual contractor and let him know-
 (i) that a qualifying repair is involved;
 (ii) the maximum time within which the qualifying repair is to be completed;
 (iii) the last day of the maximum time; and
 (iv) the arrangements made for access.

Failure to provide access
    8.    Where the secure tenant has failed to provide access to the house of which he is a tenant for the purpose of enabling the qualifying repair to be inspected under regulation 7(a) or carried out, although he has been given a reasonable opportunity to do so, the procedure under regulation 7 shall be cancelled and the provisions of regulations 9 to 12 shall cease to apply.

Maximum time
    9.—(1)  The maximum time within which a qualifying repair is to be completed is the number of working days specified in column 2 of the Schedule opposite the defect specified in column 1 of the Schedule.

    (2)  The maximum time shall start on the first working day after-
 (a) the date of receipt of notification of the qualifying repair by the landlord; or
 (b) where the landlord inspects the house under regulation 7(a), the date of inspection.

Instructing another listed contractor
    10.—(1)  Subject to paragraph (4) where the usual contractor has not started the qualifying repair by the last day of the maximum time the secure tenant may instruct another listed contractor to carry out the qualifying repair.

    (2)  As soon as the other listed contractor receives the instruction from the secure tenant, he shall inform the landlord that he has been so instructed and shall be entitled on request to obtain a copy of the works order from the landlord.

    (3)  The landlord on being informed under paragraph (2) shall let the other listed contractor know the number of working days in the maximum time.

    (4)  Paragraph (1) does not apply if compliance with that paragraph would infringe the term of a guarantee for work done or materials supplied of which the landlord has the benefit.

Compensation
    11.—(1)  Where the usual contractor has failed to carry out the qualifying repair by the last day of the maximum time the landlord shall pay to the secure tenant a sum of compensation calculated in accordance with paragraph (2) below.

    (2)  The amount of compensation referred to in paragraph (1) above shall be the sum of-
 (a) £10 and
 (b) £2 for every working day, if any, in the period-
 (i) commencing on the day after the last day of what would have been the maximum time if the maximum time had applied to the other listed contractor and had started on the day after the day of his receipt of his instruction; and
 (ii) ending with the day on which the qualifying repair is completed
subject to a maximum amount of compensation of £50.

Suspension of maximum time
    12.—(1)  The running of the maximum time shall be suspended for so long as there are circumstances of an exceptional nature, beyond the control of the landlord or the contractor who is to carry out the qualifying repair, which prevent the repair being carried out.

    (2)  The landlord shall let the secure tenant know of the suspension of the running of the maximum time.

Providing information about these Regulations
    13.    A landlord shall let its secure tenants know in writing once every year of the provisions of these Regulations and of the list of contractors prepared to carry out qualifying repairs.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

6th April 1994

[1] 1987 c. 26; section 60 was substituted by section 146 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28); section 338 contains a definition of "prescribed" relevant to the exercise of the statutory powers under which these Regulations are made. back

Explanatory Note