Right to Repair

As a result of the Housing (Scotland) Act 2001, tenants are entitled to certain specified repairs as detailed in the Right to Repair legislation.  More details of this legislation can be found in Scottish Statutory Instrument 2002/03 Number 316 – “Right to Repair”.

Thenew Housing Association has developed a policy to enable the Right to Repair legislation to be implemented.  You can view this policy here.

Scheme Outline
Certain specified small urgent repairs must be carried out within a certain timescale, failing which the tenant is entitled to a flat rate compensation payment.  If the appointed contractor fails to start work on a qualifying repair within the accepted timescale, the tenant then has the right to instruct another contractor, from a list provided by Thenew, to carry out the repair.  In the event of the second contractor failing to carry out the repair, further compensation is payable on a daily basis.
 
Only certain repairs under the value of £350 pounds qualify under the Right to Repair scheme and there are exceptional circumstances, such as extreme weather and failure of the tenant to provide access, where the Right to Repair is not applicable. Full details of qualifying repairs and the exceptional circumstances mentioned, can also be found in the policy.

In the event of the contractor failing to carry out a qualifying repair within the timescale, compensation will be paid to the tenant automatically, without requirement for the tenant to make a claim. A flat rate sum of £15 is payable in compensation for the inconvenience suffered, with further compensation payment to a maximum of £100 in the event of the contractor(s) failing to meet the prescribed timescale.  Again full details of compensation payments can be viewed on the policy.