The Housing (Scotland) Act 2001 introduced the Right to Repair on 30th September 2002. This is a facility which allows tenants to arrange to call one of the association’s approved contractors out, if a qualifying repair is not carried out on time.
The Right to Repair period starts on the first working day after,
The date the association receives the qualifying repair request from the tenant
Where the association requires to inspect the property, the date of inspection
If the association’s contractor notified of the qualifying repair has not started the qualifying repair by the last day of the Right to Repair period, tenants have the right to instruct the work themselves, provided they use the alternative contractor, whose details would have been given to the tenant at the time of reporting the repair on the repairs receipt issued.
The list below outlines the list of repairs, which are qualifying repairs, and maximum timescales for completion.
In the cases where tenants are required to contact the alternative contractor they will be entitled to compensation of:
The above is subject to a maximum of £100 for any one repair
The association’s staff will be proactive in ensuring that tenants receive any compensation to which they are entitled. When they become aware that a qualifying repair has not been attended to on time, a staff member will contact the tenant to advise that compensation is due and arrangements will then be made to ensure that this is paid.
|DEFECT||MAXIMUM TIME (Days)|
|Blocked flue to open fire or boiler||1|
|Blocked/leaking foul drains, soil stacks, toilet pans (where there is no other toilet in the house)||1|
|Blocked sink, bath or basin||1|
|Complete loss of electric power||1|
|Partial loss of electric power||3|
|Insecure external window, door, lock||1|
|Unsafe access path or step||1|
|Leaks or flooding from water or heating pipes, tanks or cisterns||1|
|Loss or partial loss of gas supply||1|
|Toilet not flushing (where there is no other toilet in the house)||1|
|Unsafe power or lighting socket or electrical fitting||1|
|Complete loss of water supply||1|
|Partial loss of water supply||3|
|Loose or detached banister/handrail||3|
|Unsafe timber flooring or stair treads||3|
|Mechanical extractor fan in internal kitchen or bathroom not working (where there is no external window or door)||7|
When a tenant reports a qualifying repair information should be provided on:
There are certain circumstances where the Right to Repair should not be exercised, and these need to be notified to the tenants. These are:
For more information on the Right to Repair scheme, please see the enclosed Right to Repair Leaflet which follows.