Clackmannanshire Council Online

Right to Repair

Right to Repair

What is the right to repair?

The Right to Repair scheme applies to all tenants of Clackmannanshire Council. From 30 September 2002, under the Housing (Scotland) Act 2001, Scottish secure tenants and short Scottish secure tenants have the right to have small urgent repairs carried out by their landlord within a given timescale. This is called the Right to Repair scheme.

What repairs are covered by the scheme?

The scheme covers certain repairs up to the value of £350. The qualifying repairs are those that might effect your health, safety or security and need to be done quickly, such as heating repairs or water penetrating into your house.

What happens when you report a repair?

Clackmannanshire Council will:

• tell you the legal timescale for carrying out the qualifying repair - this is the maximum time allowed to carry out the repair;
• tell you our repairs category for the repair (priority 0 or 1)
• make arrangements with you to get into your home to carry out the repair
• send you a text message to let you know you have reported a qualifying repair

Qualifying repairs include:

• unsafe power or lighting sockets or electrical fittings;
• loss or partial loss of electric power;
• loss or partial loss of gas supply;
• blocked flue to open fire or boiler
• insecure external window, door or lock;
• loss or partial loss of space or water heating where no alternative heating is available;
• toilets which do not flush (where there is no other toilet in the house);
• blocked or leaking foul drains, soil stacks or toilet pans (where there is no other toilet in the house);
• blocked sink, bath or basin
• loss or partial loss of water supply;
• significant leak or flooding from a water or heating pipe, tank or cistern;
• unsafe rotten timber flooring or stair treads;
• loose or detached banisters or handrails;
• broken mechanical extractor fan in internal kitchen or bathroom which has no external window or door
• and unsafe access to a path or step

When will the qualifying repair be carried out?

We have categorised all of the qualifying repairs as emergency repairs. This means we will respond: -

• within 8 hours where there is a health and safety and/or security risk (priority 0); and
• by the end of the next working day where the repair is likely to cause deterioration to the building or to develop into a health and safety risk (priority 1).

What happens if the work is not done in time?

If Clackmannanshire Council does not start the repair within the legal maximum time limit set, you can tell our alternative contractor, which is Stirling Council, t 01786 404040, e: info@stirling.gov.uk, to carry out the repair. You cannot use any other contractor. Stirling Council will tell us that you have asked them to carry out the repair. Clackmannanshire Council will then pay you £15 compensation for the inconvenience. More details available by contacting Housing Services.

How long does the other contractor have to complete the repair?

Stirling Council has the same legal maximum length of time to carry out the repair as Clackmannanshire Council. If they do not carry out the repair within the time limit set, you will be entitled to another £3 compensation for each working day until the repair has been completed. This amount can add up to a maximum compensation payment of £100 for any one repair.

What happens if I am out when Clackmannanshire Council calls?

If we cannot get into your home at the time you have agreed, your right to repair will be cancelled. You will then have to re-apply and start the process again.