Rechargeable Works Policy
Rechargeable Works Policy
Version:
Issue Date:
Review Date:
Author:
Authorised:
Draft 2
12th Feb 2013
11th Feb 2015
C Withnall
W.Bodenham
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Rechargeable Works Policy
Rechargeable Works Policy
1.
Introduction
1.1
The Lyng Community Association (LCA) works to maintain its properties to a high
standard of repair. Most works carried out by the LCA are required because of
wear and tear to our housing stock over time and are the responsibility of the
Association. However, sometimes repairs are needed because of damage or
changes made to properties by residents without the LCA’s consent. In these
cases the Association will “re-charge” the person responsible for the cost of
repairing the damage.
This policy also considers repairs that are needed due to the action of others (for
example the police) and cases where we must make good poor quality
workmanship carried out by a contractor employed by a resident.
2.
Aims
2.1
To provide a fair and transparent framework within which the cost of works for
which the Lyng Community Association is not responsible, is paid by the
appropriate person or organisation, in order to ensure that these costs are not an
unnecessary call on resources that would otherwise be available to provide
services for other customers.
3.
Policy Statement
3.1
The Lyng Community Association will carry out all repairs as required by law
(including statutory obligations such as those arising from Section 11 of the
Landlord and Tenant Act 1985) and our regulators. However, our tenants are
also responsible for keeping their homes in good condition. Our tenancy
agreement outlines which repairs will be carried out by the LCA and which are
the responsibility of the tenant. This is also explained in the Tenants’ Handbook
and our Responsive Repairs Policy.
4.
Rechargeable Works
4.1
Except in limited circumstances we will not carry out work beyond that required
under the terms of our tenancy agreement and to fulfill our statutory obligations.
This policy applies in circumstances where we are required for other reasons, or
requested, to carry out works which fall outside our obligations, including:
a. situations where the repair is necessary to avoid damage to the property.
b. situations where the repair is necessary to protect the health safety or
security of the tenant and other inhabitants.
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Rechargeable Works Policy
c. where vulnerable tenants request a repair (see Section 10).
d. damage caused (or allowed to be caused) by the tenant, other household
and family members, visitors to the property and other parties (such as the
police).
e. damage caused by the use of faulty equipment or appliances.
f. Where customers request a repair to be carried out to their central heating
and / or hot water system and it transpires the there is no fault, but the
controls have not been properly set the LCA reserves the right to charge
for the call out. Customers are expected to familiarize themselves with the
operation of this system and other equipment installed in their home.
Advice is available if needed.
4.2
Categories a. and b. are defined as “Essential Re-chargeable Repairs”, while
categories c., d. and e. are “Non-essential Re-chargeable Repairs”.
4.3
In cases where we undertake repairs which are not our responsibility we will:
4.4

Wherever possible advise the resident that the work is liable to be
rechargeable when the request is received and provide details of the
likely cost.

Insist that the resident pays the full price of these repairs plus any related
costs (such as those arising from gaining entry should this be necessary)
plus an administration charge. The administration charge applied to all
rechargeable works may be varied at the discretion of the General
Manager of the LCA and will reflect the nature and urgency of the repair.

If attending to repairs resulting from the serving of a statutory building
notice and it is found that the notice served arises from the tenants
actions, recharge the full cost of the works, plus any other costs
associated with discharging the notice, plus administration costs.

Require the resident to pay for the works in advance. This requirement
may be waived in the case of essential chargeable repairs, but an
advance contribution will be requested with a written agreement to pay
the balance owed within a specified period.

Not delay essential chargeable repairs. In these cases an estimate of
likely costs will be provided in advance if possible, if not the tenant will be
provided with a full breakdown of costs and how to pay within ten working
days of the work being undertaken.

Pursue recovery of costs incurred, payment for which can be negotiated
via our income recovery team. In respect of third parties, recovery will be
sought using our usual credit control procedures which may ultimately
include legal proceedings where appropriate.
As an exception to the general principle that we will recharge for repairs that are
the responsibility of the tenant, in the case of damage caused by a third party and
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Rechargeable Works Policy
where a valid crime reference number can be provided in relation to an event (for
example a broken window, or lock change following theft of keys), we will
undertake the necessary work without charge to the tenant, though we will
pursue the third party if appropriate.
4.5
Examples of items for which the Lyng Community Association would not normally
take responsibility are attached at Annex 1.
5.
Access To Tenant’s Homes
5.1
Lyng Community Association have a responsibility to undertake annual gas
servicing and other periodic safety checks, which requires engineers to enter
tenants’ homes and perform checks. In some cases tenants refuse to provide
access to undertake these checks and it is necessary to go to court to gain entry
to the property.
5.2
Where LCA incurs additional costs in gaining access to undertake gas servicing
or other essential works these will be recharged to the tenant as set out in this
policy.
6.
Repairs Required After Tenancy Termination
6.1
In practice there are different approaches to re-charging tenants depending on
whether the repair is identified when the tenant is and intends to continue, living
in the property or whether the repair is identified as part of the tenancy
termination procedure.
6.2
We will help tenants manage tenancy termination repairs by carrying out an
inspection prior to the end of their tenancy. During this visit details will be
provided of the work that the tenants will be required to complete before leaving
the property. We will follow up this visit with written advice regarding the condition
in which they must leave their properties in order to avoid possible recharge.
6.3
It will not always be possible for us to issue a full list of requirements at this stage
because of the difficulties of undertaking inspection in an occupied home and the
further possibility of damage being caused in the home following inspection. In all
cases we will be as accurate as possible; however, we reserve the right to
charge
for
repairs
not
identified
at
the
inspection.
6.4
Work that the former tenant is responsible for includes, but is not limited to:
a) Cleaning and removal of any rubbish left behind after the tenant has moved.
b) Re-instatement where the former tenant has left the property in a condition
that breaks the terms and conditions of their tenancy agreement.
c) Repairs that are beyond normal wear and tear, such as damage by children
or pets to internal fixtures and fittings.
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Rechargeable Works Policy
d) More extensive works resulting from the tenant failing to carry out routine
repairs for which they are responsible under the terms of the
tenancy/management agreement or the failure to report repairs which are the
landlord’s responsibility.
e) Re-instatement resulting from the tenant carrying out alterations or repairs of
a poor standard, whether or not the tenant has received written permission to
carry out the alteration.
f) Re-instatement resulting from the tenant carrying out alterations which breach
statutory requirements.
g) Change of lock after a forced entry.
h) Storing or removal of the tenant’s belongings including the rental of a garage
for storage following repossession in accordance with legal requirements to
store evictee’s belongings. In accordance with our terminations policy.
6.5
Where the repair is part of the tenancy termination the costs of the repairs will be
raised as a former tenant debt. In all cases we will seek to recoup any legal costs
of pursuing the debt from the former tenant.
6.6
If the tenant has failed to reinstate the property to a satisfactory standard prior to
vacation Lyng Community Association reserves the right to withdraw any offer of
alternative accommodation that may have been made by the Association, in
accordance with our Lettings Policy.
7.
Prevention
7.1
Due to the difficulty and costs associated with the recovery of recharges, we will
endeavour to minimise the occurrence of rechargeable repairs by explaining our
policy and the alternatives available to tenants when a rechargeable item is likely
to arise.
8.
Inspection
8.1
Should a resident choose to organise the necessary work themselves an
inspection will be undertaken, where appropriate, after the works have been
completed to ensure that a satisfactory standard has been achieved. Should
more than one inspection be necessary, or the extent of the remedial works
necessitate a lengthy or specialised inspection, we may recharge the cost.
9.
Recharging Third Parties
9.1
In all cases where rechargeable repairs are necessary we seek to recover costs
from the person or body who/which is responsible. Where it is evident that
damage has been caused or where repairs are required following action or
inaction by someone other than the tenant then we will pursue the other party for
the cost of repairing the damage.
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Rechargeable Works Policy
9.2
For example, where the police have caused damage in the course of their
operations by forcing entry to a property, we will seek reimbursement for the cost
of repairing the damage from them.
9.3
Where we are not able to claim through a third party we may make a claim under
our insurance (for example vandalism, damage by third parties and minor storm
or flood issues). In making a decision, we will consider:


if all costs have been recovered,
if there is an opportunity to claim through a third party.
10.
Vulnerable tenants
10.1
The purpose of this policy is to ensure that all tenants are treated fairly in respect
of the recovery of the cost of works which we have to undertake that would
normally be the responsibility of an individual tenant and that, where appropriate,
these are recharged to the responsible tenant (or other appropriate third party).
However, Lyng Community Association recognises that some tenants are not
able to undertake jobs around the home for reasons of ill-health or infirmity and
may not be able to access other support or assistance. This policy is therefore
also intended to ensure that such persons or other more “vulnerable” tenants are
not unfairly disadvantaged.
10.2
As outlined previously (4.1.c), we may undertake repairs beyond that required by
the tenancy agreement for our vulnerable tenants on request, and where
appropriate after explaining the other options available. Vulnerability for the
purposes of this policy is defined as relating to a person who is vulnerable as a
result of old age, mental, physical or learning disability, or illness or other special
reason, or otherwise in any vulnerability policy that we may produce.
10.3
Being a member of a potentially vulnerable group (such as the elderly) does not
necessarily mean the individual tenant is vulnerable, however, it is an indication
that vulnerability may be present and we should always take the necessary steps
to determine whether this is the case.
10.4 Where the tenant who is liable to pay for the rechargeable repair is vulnerable the
General Manager has discretion to waive the costs. This is not intended to be a
right in every case and each will be reviewed on its merits and in conjunction with
the principles outlined in the write off policy.
11.
Equality and Diversity
11.1
The Lyng Community Association undertakes all work under this policy in
accordance with the Equality and Diversity Policy, ensuring that appropriate
advice and assistance is given to those disadvantaged in the community, and
that adequate translation and interpretation facilities, large print material,
minicom, induction loops etc. are available. All actions carried out are in
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Rechargeable Works Policy
accordance
with
the
provisions
of
the
Human
Rights
Act
1998.
11.2.1 This policy will ensure that tenants are treated fairly and consistently and
minimise the potential for discriminatory decisions or behaviour.
12.
Training and Promotion
12.1 The Lyng Community Association will ensure tenants are aware of their
responsibilities for maintaining their properties:

At sign-up when explaining tenancy conditions and the tenant’s
responsibilities.

Through targeted publicity such as repairs handbooks or leaflets.

Through electrical inspections, annual LGSR inspections, pre-inspections
during reported responsive repair visits or during other scheduled
inspections of the property.
12.2
Relevant staff, including those of the Association’s managing agents, will be
trained in this policy and the processes and procedures supporting it.
13.
Performance Monitoring
13.1
The Lyng Community Association will record details of the following actions:
14.

Details of the recharges made, including associated legal and
administration costs and progress toward recouping the costs.

Categorisation of the rechargeable repairs undertaken.
Value for Money
14.1 The Lyng Community Association will seek to recoup reasonable costs from
residents who are using our services where this is consistent with our wider
responsibilities for neighborhood management.
14.2 Performance monitoring of this policy will be targeted toward identifying service
improvements (either information and advice for tenants, process or policy) which
will reduce the outstanding amount of charges, reduce the cost of administering,
reviewing or undertaking rechargeable repairs or increase efficiency in dealing
with repairs recharges.
.
15.
Complaints and Appeals
15.1 Should a tenant be dissatisfied with a decision made under this policy the matter
will be dealt with in accordance with the Complaints Policy and Procedures.
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Rechargeable Works Policy
Annex 1
Likely Rechargeable Repairs in Occupied Dwellings
In addition to the items specifically listed in the tenant agreement the following repairs
are not normally the responsibility of the Lyng Community Association:

Correcting alterations/repairs carried out by tenants which are deemed by the
LCA to be of an unacceptable standard.

Unauthorised building alterations.

Willful damage and vandalism to properties where the offender is known and
there is sufficient evidence to pursue a legal action for criminal damage, if
necessary. The cost of damage caused by children will be recharged to their
parents.

Unblocking of sinks and toilets caused by tenant misuse.

Unblocking of drains blocked by the tenant caused by tenant misuse.

In some cases (for example in blocks of flats) we may unblock sinks, toilets
and/or drains when the cause of the blockage is unidentified however, we
reserve the right to charge for these works if the tenants’ lifestyle, direct action or
lack of action has caused the problem.

Damage to the fabric of the building, fixtures and fittings and furniture (where
provided) by the tenant, tenant’s family or visitors.

Glass broken by the tenant, any member of their household or anyone visiting the
tenant’s home.

Replacement of keys, fobs and locks where the lock is not faulty (e.g. where keys
have been lost). Damage to door entry handset, wiring etc.

Gaining re-entry to the property where a tenant has locked themselves out.

Replacement of light bulbs or fluorescent tubes

Re-instatement of properties including (for example) replacement of nonstandard electrical fittings and testing where appropriate, when a tenant vacates
a property.

More extensive works resulting from the tenant failing to carry out routine repairs
under their tenancy agreement or to report repairs which are the Landlord’s
responsibility.

Any damage caused by the tenant’s faulty installation or use of faulty appliances,
such as leaking washing machines or other portable equipment.

Fumigations and needle sweeps.

Re – setting the controls on central heating systems which are otherwise in good
working order.
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