RE-CHARGEABLE REPAIRS STRATEGY

Transcription

1 . RE-CHARGEABLE REPAIRS STRATEGY THIS STRATEGY PROVIDES CLARITY OF WHEN NEW CHARTER HOUSING TRUST WILL RE-CHARGE A TENANT TO RECOVER THE COST OF REPAIRING FIXTURES OR FITTINGS TO A PROPERTY IN ITS OWNERSHIP

2 1. STRATEGY 1.1 This is the strategy to be adopted by New Charter Housing Trust to recover costs for undertaking repairs to its properties that have occurred by accident, negligence or deliberately by tenants or third parties. 1.2 The principle objective of this strategy is to deter damage to New Charter Housing Trust Property, and to encourage tenants to be responsible for the prevention of negligence and abuse to their homes. The strategy will demonstrate the intention to enforce the tenancy conditions and reinforce the organisations drive to reduce anti-social behaviour. 1.3 New Charter Housing Trust is committed to providing an effective Responsive Repairs service & to fulfil its Repairing obligations set out in the Tenancy Agreement, which also places a responsibility on the tenants to undertake minor repairs (Section 8). 1.4 The grounds for recharging are incorporated into the Tenancy Agreement which states Tenants may be required to pay for repair or replacement, if damage is caused to the property and/or the fixtures or fittings deliberately, or by neglect or neglect of people who live with or visit the home (Section 8). 1.5 Where damage has been caused as a result of a deliberate act, proceedings for Criminal Damage &/or action against the tenant may be taken. 1.6 The tenant will not usually be recharged where; damage has been caused by a third party outside the tenants family, household or visitors and the Police have been informed and a crime/log number is issued, or it has not been reported to the Police because of a reasonably held fear of potential harassment and will be subject to reporting the incident to the appropriate Neighbourhood Management Officer who may investigate further. However, New Charter Housing Trust reserves the right to investigate the Circumstances and may impose a Recharge if it considers it reasonable to do so. 1.7 If the third party is identified, action may be taken to recover the costs from that Person and action for Criminal Damage may be taken

3 2 RESPONSIBILITIES 2.1 The Executive Director of Homes has responsibility for the implementation of this strategy in accordance with New Charter Housing Trust Scheme of Delegation. 3 MONITORING & REVIEW 3.1 This strategy will be reviewed a minimum of once every six years, or earlier if required due changes in statute, contract, or regulatory guidance/requirements. 3.2 This strategy has been developed with particular regard to equality and diversity to ensure there is no discrimination against anyone because of their race, nationality, religious beliefs, gender, age, sexual orientation, or disability, for which an Equality Impact Assessment has been completed. 4 RELATED POLICIES, PROCEDURES & PLANS New Charter Complaints Procedure New Charter Anti Social Behaviour Policy New Charter Pre Tenancy Termination Procedure New Charter Tenancy Agreement New Charter Consent For Alterations New Charter Suspended Applicant Policy New Charter Debt Recovery Procedure New Charter Assignment of Tenancy Policy. New Charter Value for Money Strategy New Charter Equality & Diversity Policy 5 RELEVANT LEGISLATION & EXTERNAL REFERENCES Housing Act 1988 Tenant Services Authority Standards Good Practice by other Social Landlords

4 . RE-CHARGEABLE REPAIRS POLICY THIS POLICY PROVIDES DETAIL OF WHEN NEW CHARTER HOMES WILL RE-CHARGE A TENANT TO RECOVER THE COST OF REPAIRING FIXTURES OR FITTINGS TO A PROPERTY IN ITS OWNERSHIP

5 CONTENTS Page No 1. Policy Scheme in Detail Responsibilities Monitoring and Review 4. Related policies, procedures & plans 5. Relevant legislation

6 1 POLICY SCHEME IN DETAIL 1.1 Rechargeable repairs are those repairs required as a result of damage to fixtures and fittings, internally or externally, caused by a tenant, a member of the tenants household or any visitor to the tenants property that cannot be attributed to normal wear and tear, component failure or incorrect installation including accidental & deliberate damage. 1.2 Further to 1.1 above, the Tenancy Agreement also specifies (Section 8) other Occurrences when a tenant may be recharged Cost of re-instating any unauthorised or unsatisfactory alterations or improvements. Cost of electrical or other faults or fires caused by the tenant. Cost of any damage caused to the property as a result of the lawful execution of a warrant by the Police and/or other authorised body i.e. Gas/Electric etc Cost of abortive or unnecessary call out requested by a tenant to the Emergency Repairs Service. Cost resulting in gaining access to the property on the tenant s behalf as a result of lost or forgotten keys. 1.3 Replacement of damaged fixtures & fittings should be on a like for like basis, or appropriate standard in place at the time. 1.4 Where possible we should ensure the tenant signs a declaration accepting liability for the work & agreeing to pay. Tenants will not be recharged where it is established they are not liable. 1.5 Emergency or Urgent repairs will not be delayed while liability is being established & will be completed within appropriate timescales. 1.6 When a repair is identified as rechargeable, the tenant will be given a verbal explanation of why, and should be informed that they can request a review of the decision to recharge by contacting an appointed officer, within 14 days. 1.7 If the repair is not deemed to be an emergency or urgent repair, the tenant may seek consent to carry out the work at their own expense and do so within 28 days of the repair being reported or any shorter period New Charter Homes may specify. Where New Charter Homes is to undertake such a repair, best endeavours will be made to secure payment in advance. 1.8 If the repair is deemed to be an emergency or urgent or is a threat to the health & safety of the tenant or other people, or is likely to cause further damage to the property or adjoining properties, then the tenant will not be given an opportunity to carry out the work themselves. 1

7 1.9 Revenue Officers have the discretion to negotiate payment terms in cases of severe hardship, where the tenant cannot pay the total amount at one time. Contact details to discuss repayment plans are attached to the invoice The tenants contents insurance policy that can be obtained through New Charter Homes currently covers in certain circumstances (with no excess payment) stolen & lost keys and tenants should be advised & be supported to make a claim on this or any other insurance policies they hold Wherever possible we will identify rechargeable repairs at the pre-void inspection and arrange for the repairs to be carried out by the tenant prior to termination. If the tenant has requested a transfer to another New Charter Homes property or to carry out a mutual exchange, as part of the application process all New Charter Homes properties will be inspected, any identified damage or incorrectly carried out works rectified by the Company will be charged to the outgoing tenant. All charges relating to the above must be settled before the assignment takes place. If the tenant is moving, other than by transfer or mutual exchange, we may take action to recover the cost of any rechargeable repairs that are found once the property is void. This will also include cost of clearing out & cleaning properties and gardens on termination of tenancies 1.12 In the case of former tenants, the debt recovery team will pursue the former tenant in line with the procedures for income collection. Failure to repay any outstanding monies will result in the recharge debt remaining on file and should the former tenant subsequently apply for a further tenancy may have to repay or meet conditions before they are accepted onto the Choice Based Lettings Scheme or be considered for an offer of accommodation If a tenant is not satisfied with any response or service they have received concerning a Rechargeable Repair, they should initially contact the appointed person. If this does not resolve the issues, they do have recourse to a review through the New Charter Housing Complaints Procedure (Contact the Customer Liaison Officer, or ). 2

8 2 RESPONSIBILITIES 2.1 The Executive Director of Homes has responsibility for the implementation of this policy in accordance with New Charter Housing Trust Scheme of Delegation. 3 MONITORING & REVIEW 3.1 This Policy will be reviewed a minimum of once every three years, unless changes in statute, contract, or Tenant Services Authority regulatory codes and guidance require otherwise. 3.2 This Policy has been developed with particular regard to equality and diversity to ensure there is no discrimination against anyone because of their race, nationality, religious beliefs, gender, age, sexual orientation or disability, for which an Equality Impact Assessment has been completed. 4 RELATED POLICIES, PROCEDURES & PLANS New Charter Complaints Procedure New Charter Anti Social Behaviour Policy New Charter Pre Tenancy Termination Procedure New Charter Tenancy Agreement New Charter Consent For Alterations New Charter Suspended Applicant Policy New Charter Debt Recovery Procedure New Charter Assignment of Tenancy Policy. New Charter Value for Money Strategy New Charter Equality & Diversity Policy 5 RELEVANT LEGISLATION & EXTERNAL REFERENCES Housing Act 1988 Tenant Services Authority Standards Good Practice by other Social Landlords 3