Scottish Statutory Instruments
2002 No. 316
HOUSING
The Scottish Secure Tenants (Right to Repair) Regulations 2002
Made 26th June 2002
Laid before the Scottish Parliament 27th June 2002
Coming into force 30th September 2002

The Scottish Ministers, in exercise of the powers conferred by sections 27 and 109(2) of the Housing (Scotland) Act 2001 and of all other powers enabling them in that behalf, hereby make the following Regulations:
2001 asp 10.

Citation and commencement
1. These Regulations may be cited as the Scottish Secure Tenants (Right to Repair) Regulations 2002 and shall come into force on 30th September 2002.

Interpretation
2. In these Regulations–
“the Act” means the Housing (Scotland) Act 2001;
“landlord” means a landlord specified in regulation 4;
“maximum period” means the period specified in regulation 10 and the Schedule;
“primary contractor” means the contractor most frequently employed by a landlord to carry out qualifying repairs.
“qualifying repair” means a repair specified as such in regulation 6 and the Schedule;
“working day” means a day which is not a Saturday or a Sunday, Christmas Eve, Christmas Day, Good Friday, a bank holiday or a day appointed for public thanksgiving or mourning or any day on which the office of the landlord is closed by virtue of a local holiday.

Entitlement
3. A tenant of a landlord shall be entitled to have a qualifying repair carried out to that tenant’s house, subject to and in accordance with these Regulations.

Specified Landlord
4. A specified landlord for the purposes of section 27(2) of the Act is–
(a) a local authority landlord;
(b) a registered social landlord; or
(c) Scottish Water.

Maximum amount payable
5. In respect of any single qualifying repair, a landlord shall pay for the work as carried out up to a maximum of £350.

Qualifying repair
6. A qualifying repair for the purposes of section 27 of the Act is a repair of a house subject to a Scottish secure tenancy or a short Scottish secure tenancy which is a repair of a defect specified in column 1 of the Schedule and is the responsibility of the landlord.

List of contractors
7. A landlord shall maintain a list of contractors prepared to carry out qualifying repairs which list shall include the primary contractor.

Procedure for notification of and carrying out qualifying repairs
8. Where a tenant applies to a landlord for a qualifying repair to be carried out–
(a) if the landlord considers it necessary to inspect the house to ascertain whether the repair is a qualifying repair, the landlord shall 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, make arrangements for access with the tenant and provide details of–
(i) the maximum period within which the qualifying repair is to be completed;
(ii) the last day of that period;
(iii) the effect of these Regulations; and
(iv) the name, address and telephone number of the primary contractor and at least one other listed contractor from the list of contractors maintained by the landlord; and
(c) if the subject of the tenant’s application is a qualifying repair, the landlord shall issue a works order to the primary contractor and provide details of–
(i) the qualifying repair;
(ii) the period within which the qualifying repair is to be completed;
(iii) the last day of the maximum period; and
(iv) the arrangements made for access.

Failure to provide access
9. Where a tenant fails to provide access to a house for the purpose of enabling the qualifying repair to be inspected or carried out, although that tenant has been given a reasonable opportunity to do so, the procedure under regulation 8 shall be cancelled and the provisions of regulations 10 to 13 shall cease to apply.

Maximum period
10. (1) The maximum period 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 period 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 8(a), the date of inspection.

Instructing another listed contractor
11. (1) Subject to paragraph (4) where the primary contractor notified under regulation 8(c) has not started the qualifying repair by the last day of the maximum period, the 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 tenant, that contractor shall inform the landlord that it 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 contractor know the number of working days in the maximum period.
(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
12. (1) Where the primary contractor has failed to carry out the qualifying repair by the last day of the maximum period the landlord shall pay to the tenant a sum of compensation calculated in accordance with paragraph (2).
(2) The amount of compensation referred to in paragraph (1) shall be the sum of–
(a) £15; and
(b) £3 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 period if the maximum period had applied to the other listed contractor and had started on the day after the day of receipt of instruction; and
(ii) ending with the day on which the qualifying repair is completed,
subject to a maximum amount of compensation of £100.

Suspension of maximum period
13. (1) The running of the maximum period 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 tenant know of the suspension of the running of the maximum period.

Providing information about these Regulations
14. A landlord shall let its tenants know in writing once every year of the provisions of these Regulations including the list of contractors prepared to carry out qualifying repairs.
MARGARET CURRAN
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
26th June 2002

SCHEDULE DEFECTS, REPAIRS OF WHICH ARE QUALIFYING REPAIRS AND MAXIMUM TIME FOR COMPLETION
Regulations 6 and 10
Column 1	Column 2
(Defect)	(Maximum period in working days from date immediately following the date of notification of qualifying repair or inspection)
Blocked flue to open fire or boiler.	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
Electric power–	
loss of electric power;	1
partial loss of electric power.	3
Insecure external window, door or lock.	1
Unsafe access path or step.	1
Significant leaks or flooding from water or heating pipes, tanks, cisterns.	1
Loss or partial loss of gas supply.	1
Loss or partial loss of space or water heating where no alternative heating is available.	1
Toilet not flushing where there is no other toilet in the house.	1
Unsafe power or lighting socket, or electrical fitting.	1
Water supply–	
loss of water supply;	1
partial loss of water supply.	3
Loose or detached banister or hand rail.	3
Unsafe timber flooring or stair treads.	3
Mechanical extractor fan in internal kitchen or bathroom not working.	7

(This note is not part of the Regulations)
These Regulations specify entitlement procedures, timescales and limits applying to qualifying repairs to houses subject to Scottish secure tenancies.
Regulation 3 specifies the entitlement provisions for qualifying repairs.
Regulation 4 specifies the landlords to which the Regulations apply.
Regulation 5 specifies the maximum amount for a single repair.
Regulations 6 and 10 and the Schedule provide details of what constitutes a qualifying repair and the maximum period in which these repairs are to be completed.
Regulation 7 makes provision for landlords to maintain a list of contractors.
Regulation 8 sets out the procedure for notifying qualifying repairs, the details which landlords are required to provide to tenants and the procedures a landlord should follow in relation to contractors.
Regulation 9 details what is to happen when the tenant instructing a repair fails to provide access.
Regulations 11 and 12 make provision for instructing another contractor when the primary contractor fails to carry out the work and provides for compensation to be payable to the tenant in that eventuality.
Regulation 13 sets out the circumstances when the maximum period for a repair can be disregarded.
Regulation 14 makes provision for a landlord to provide tenants with information on the Regulations.