Glass Replacement Policy - Department of Health and Human

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Policy
Glass Replacement
SDMS ID Number
P2012/0179-037
SDMS Title
Glass Replacement – Policy – P2012/0179-037
Effective From
1 October 2013
Applies to
Housing Tasmania Tenants
Custodian
Manager Housing Operations
Summary
This policy outlines Housing Tasmania’s approach to glass replacement,
specifically: outling who is responsible for undertaking glass replacement and
other repairs, and for meeting the cost of the repairs, in specific situations.
Replaces Doc. No.
n/a
Author Area
Housing Strategy – Social and Affordable Housing Policy Unit
Contact
Manager, Housing Operations
Review Date
October 2015
Policy Intent
Application
The intent of this policy is:

to provide an equitable and consistent approach to the replacement of
broken glass in public housing properties.

to protect the safety of persons in or near public housing properties,
where there is broken glass.

to protect the integrity of Housing Tasmania properties, and minimise
property damage resulting from broken glass.

to assist Housing Tasmania to manage the cost of replacing broken
glass, and related property damage.

to reduce cost of repairs associated with broken glass and related
damage, where possible.

to encourage public housing tenants to take responsibility for the care
and protection of the public housing property they are renting.
All Housing Tasmania tenants
Tenant’s responsibilities The tenant is responsible for replacing broken glass when the breakage has
been caused by carelessness or deliberate actions on the part of the tenant.
Careless actions include actions on the part members of the tenant’s
household, and or the tenant’s visitors (people visiting the property with the
tenant’s consent).
An example of a careless action is an event that would have been preventable if
due care had been taken; like allowing children or others to play ball games
near windows, resulting in broken glass.
An example of a deliberate action is poor anger management like when the
tenant or other household member or visitor punches out a window because
they are angry, or in order to gain entry to the property.
When glass is broken, and the tenant is responsible for the damage, they must:

Remove all broken glass, including broken glass from window framea
and dispose of it safely (e.g. wrap it in newspaper and place in a garbage
bin).

Make temporary repairs to protect the property from further damage
(such as rain coming through the opening) by covering the opening,
with an appropriate material1.

Arrange for the broken glass to be repaired.
1
While a clear or translucent plastic material may be preferable for aesthetic reasons, other more durable materials may be
appropriate for securing the property temporarily.
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
Pay for the replacement of broken glass and associated repairs, in full.

Take all possible actions to ensure that the breakage is repaired within
28 calendar days of the event.

Pay for other damage incurred that occurred because the breakage was
not repaired temporarily or the glass replaced within 28 days.
When a breakage is an unavoidable accident, or the result of an illegal act, the
repairs are the responsibility of Housing Tasmania. Where this is the case, the
tenant must notify Housing Tasmania of the need to replace the glass within
seven (7) calendar days of the event.
When Housing Tasmania takes responsibility for replacing broken glass, the
tenant is still responsible for damage the property that results because the
tenant did not notify Housing Tasmania of the need for the repairs within seven
(7) days.
If the tenant does not report broken glass, or does not arrange for it to be
replaced by Housing Tasmania, and other property damage (e.g. rain damage)
occurs, the tenant is responsible for the damage; as outlined in the Housing
Tasmania Lease, Section 3.11 Repairs.
Housing Tasmania
takes limited
responsibility for
broken glass
Housing Tasmania does not insure for broken glass, and takes limited
responsibility for the replacement of broken glass.
Broken glass refers specifically to glass that forms part of the fabric of public
housing properties, such as glass in windows, doors and shower screens.
Housing Tasmania treats broken glass as a non fair wear and tear expense and
does not routinely replace it.
Housing Tasmania does not take responsibility for personal injury or loss that
occurs as a result of a broken glass where the tenant has not taken appropriate
steps to have the glass replaced and or has not informed Housing Tasmania of
the breakage.
When will Housing
Tasmania replace
broken glass?
When the tenant is responsible for a breakage, and does not arrange for
replacement of the broken glass, Housing Tasmania may arrange for temporary
repairs, and for the glass to be replaced, in the following circumstances:

the tenant has not replaced the broken glass within 28 days of the event.

the broken glass poses a risk to the safety and/or health of persons.

the broken glass poses a risk of damage to the property, or part of the
property.
When Housing Tasmania arranges for the repair and replacement of broken
glass and the tenant is responsible for the breakage, the cost will be passed
onto the tenant in full (see Charges for Non Fair Wear and Tear and Maintenance
Charges on Occupied Homes policies), unless the Area Manager applies discretion
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to reduce or remove the charges (see section on Discretion below).
Housing Tasmania manages the repayment of debts arising from repair and
replacement of broken glass for which the tenant is responsible, as with any
other outstanding charge, according to the conditions of the Lease.
When Housing Tasmania arranges for the repair and replacement of broken
glass for which the tenant is responsible, the cost of the repairs will be treated
as an outstanding debt to Housing Tasmania (see Maintenance Charges on
Occupied Homes) which the tenant may arrange to pay in instalments (see Direct
Debit policy).
When Housing
Tasmania take
responsibility for
broken glass
Police Report
Only under specific circumstances will Housing Tasmania take responsibility for
the repair and replacement of broken glass.
Housing Tasmania will take responsibility for repairing and replacing broken
glass, where a breakage has resulted from:

illegal actions of another party that the tenant was unable to
prevent/control (domestic violence, vandalism, break-in) and a Police
Report has been provided

damage as a result of Police actions and/or the actions of other Emergency
Services

damage due to an natural event or other unforeseen event that could not
be prevented by the tenant, such as storm damage or an accident.
When broken glass is caused by the illegal actions of another party (vandalism,
domestic violence or a break in), the tenant must report the offence to
Tasmania Police, make a statement to the Police and request a Police Report
Number (either an Offence Report or an Incident Report).
If a current Police Report Number is provided to Housing Tasmania and the
Police can verify that the Report is current and that an offence or illegal
incident caused the breakage, Housing Tasmania will not pass the cost of glass
replacement onto the tenant.
Where broken glass is the result of wilful damage, the tenant must
provide a Police Report Number before Housing Tasmania will
undertake the repairs.
Discretion
Where the tenant cannot provide a Police Report Number, and the Area
Manager is satisfied that the glass breakage was caused by exceptional
circumstances beyond the tenant’s control e.g. domestic violence or storm
damage, the Area Manager may exercise discretion to remove the charges.
Exceptions
Area Managers have discretion to vary sections of this policy to better respond
to individual tenant needs. Where discretion is applied all decisions must be
documented and copies placed on the relevant files.
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Legal Framework
This Policy adheres to the Residential Tenancy Act 1997 where relevant.
Exemptions
N/A
Responsibilities/
Delegations
All Housing Operations staff members are responsible for ensuring the
appropriate application of the policy. Area Managers are responsible for Area
management, including policy application.
Disclaimer
This is a statewide policy and must not be re-interpreted so that subordinate
policies exist. Should discrete operational differences exist, these should be
expressed in the form of an operating procedure or protocol, that must be
approved at the same level as this policy.
Audit and Compliance
Failure to comply with this policy, without providing a good reason for doing
so, may lead to disciplinary action.
Compliance with this policy is monitored by the Manager Housing Services,
through the delegated Area Managers.
Procedures and Forms
Housing Tasmania Lease; Glass Replacement Procedure.
Related Policies
Charges for Non Wear and Tear; Maintenance Charges on Occupied Homes; Direct
Debit.
Policy Title and Version
Glass Replacement Policy v3.0
Effective Date
1 October 2013
Review Date
October 2015
Document Number
P2012/0179-037
Replaces Document Number
n/a
Custodian
Housing Tasmania, Housing Services, Operational PolicySocial and Affordable Housing
Policy
Approved by
Manager Housing Strategy
This Policy may be varied, withdrawn or replaced at any time. Compliance with this directive is mandatory for the
Department of Health and Human Services. Please Destroy Printed Copies. The electronic version of this
Policy is the approved and current version and is located on the Agency’s intranet. Any printed version is
uncontrolled and therefore not current.
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