Tenants with a ‘Scottish Secure Tenancy’ introduced in 2002, have the right to ask us to carry out certain categories of urgent repair known as ‘qualifying repairs’ within a certain time. Qualifying repairs are ones which are estimated to cost up to £350 and where failing to carry the repair out could affect your health and safety.
What are ‘qualifying repairs’ and when should they be carried out?
The Scottish Secure Tenants (Right to Repair) Regulations 2002 sets out the different categories of qualifying repair and the time they should be completed in. These include:
- Blocked flue to open fire or boiler – one day
- Loss or partial loss of heating and/or hot water, where no alternative heating is available – one day
- Complete loss of electrical power – one day
- Partial loss of electrical power – three days
- Unsafe power or lighting socket or electrical fitting – one day.
- Loss or partial loss of gas supply – one day
- Complete loss of water supply – one day
- Partial loss of water supply – three days
- Toilet not flushing where there is no other toilet in the house – one day
- Blocked sink, bath or drain – one day
- Blocked or leaking foul drains or soil stacks or toilets where there is no other toilet in the house – one day
- Leaks or flooding from water or heating pipes, tanks or cisterns – one day.
What happens if we do not meet the repair target?
Tenants are entitled to compensation if the qualifying repair is not completed or made safe in the times listed in the regulations. You are also entitled to ask a listed contractor to complete the repair if our contractor does not complete it in time. You cannot use your own contractor.
A tenant may be entitled to compensation where:
- The main contractor has failed to carry out or make safe the repair by the last day of period stated in the regulations. We will pay the tenant £15
- The main contractor has started but not completed the repair by the last day of the period stated in the regulations. We will pay the tenant £15
- We will pay the tenant £3 for every working day after the last day stated in the regulations, up to and including the day the repair is completed, to a maximum of £100.
We will work out your entitlement to compensation and issue payment within 28 days of the end of the month following completion of your repair.
If you are in rent arrears, the compensation will be credited to your rent account.
What repairs are not qualifying repairs?
- Those exceeding £350
- Those which are not our responsibility
- Those which are paid for by tenants
- Where a tenant has failed to provide access for an inspection or repair to be carried out
- Repairs where the work is still under a contractor’s warranty and it is their responsibility to carry it out
- Repairs to communal parts of the building.
Communal repairs are not included and Saturdays, Sundays or public holidays are not considered to be working days.
Extending the repair period
We can also extend or suspend the repair time where circumstances beyond our control, or those of our contractor, have prevented it from being carried out or completed.
This can include:
- Genuine difficulties with the delivery of materials
- Exceptional weather conditions
- A shortage of specialist tradespeople.