Right to Repair

What is the right to repair?

Under the Housing (Scotland) Act 2001, tenants have the right to have small urgent repairs carried out within legally prescribed timescales. If not completed in time, tenants may be entitled to compensation. This is called the Right to Repair scheme.

From 6 October 2026, tenants also have the right to have reports of damp and/or mould investigated to assess whether the property is substantially free from damp and mould, and, where substantial damp and mould is identified, for qualifying repair works to be commenced within the prescribed timescales.

For further information on the Council's repairs service and the Right to Repair scheme, please refer to the Housing Repairs Policy.

What repairs are covered by the scheme?

To qualify for the Right to Repair scheme:

• The repair must be a 'qualifying repair'. Qualifying repairs are those that might affect your health, safety or security;
• The repair must have an estimated value of £350 or less, unless the repair relates to a substantial damp and/or mould concern; or
• There is a need to investigate an identified damp and/or mould concern.

What happens when you report a repair?

Upon receiving a repair request, our Repairs Centre will:

• assess the urgency of the repair
• assess whether the repair is a qualifying repair covered by the Right to Repair scheme
• assess whether a further technical inspection is required, unless the issue relates to damp and/or mould
• tell you the legal timescale for carrying out the qualifying repair - this is the maximum time allowed to carry out the repair
• make arrangements with you to get into your home to carry out the 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
• unsafe access to a path or step
• substantial damp and/or mould

What happens if the work is not done in time?

In cases relating to damp and/or mould concerns, you will be entitled to an initial compensation of £15 where we have failed to:

• complete an investigation within 10 working days following the report/discovery of damp and/or mould;
• provide a written summary of the investigation within 3 working days following the completion of the investigation;
• commence any required qualifying repair works within 5 working days following the completion of investigation;
• complete the qualifying repair works within 20 working days following the commencement of repairs; AND
• there are no other exceptional circumstances for which we could not these timescales and we have not told you about the suspension of these timescales

You will be entitled to another £3 compensation for each working day until the investigation and/or repair has been completed, up to a maximum payment of £100 for any one repair.

In issues relating to other qualifying repairs, if we do not start the repair within the legal maximum time limit set, you will be entitled to a £15 compensation. You can then tell our alternative contractor, 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. 

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 repair appointment will be cancelled. You will then have to to make a new repair request and/or start the right to repair process again, or the repair will need to be re-categorised.