The Secure Tenancies (Right to Repair Scheme) Regulations 1985

Prospective

Citation and interpretation E+W

1.—(1) This scheme may be cited as the Secure Tenancies (Right to Repair) Scheme 1985.

(2) In this scheme, unless the context otherwise requires—

“the additional further repair works” has the meaning given by paragraph 20(3), and includes those works as varied by any agreement under paragraph 24;

“the authorised materials” means—

(a)

in a default case, the materials specified in the tenant's repair claim; and

(b)

in any other case, the materials authorised by the landlord in accordance with paragraph 7,

as varied by any agreement under paragraph 24;

“default case” means a case to which paragraph 11(2) applies;

“flat” means a separate set of premises, whether or not on the same floor, which—

(a)

forms part of a building; and

(b)

is divided horizontally from some other part of that building; and

(c)

is constructed or adapted for use for the purposes of a dwelling-house;

“the further repair works” has the meaning given by paragraph 14(2), and includes those works as varied by any agreement under paragraph 24;

“the landlord's costs” means the costs (including administrative costs) which, in the landlord's opinion, it would incur, if it were to carry out the landlord's works;

“the landlord's repairing obligation” means the landlord's obligation to its secure tenant under its repairing covenant, in respect of the lack of repair to which the works specified in the tenant's repair claim relate;

“the landlord's works” means the works which, in the landlord's opinion, it would be necessary to carry out in order to fulfil the landlord's repairing obligation using such materials as it considers appropriate;

“qualifying repair” means any repair which the landlord of a secure tenant is obliged by a repairing covenant to carry out, other than a repair to the structure or exterior of a flat;

“the repair works” means—

(a)

in a default case, the works specified in the tenant's repair claim; and

(b)

in any other case, those works as approved by the landlord with or without modifications in accordance with paragraph 7,

as varied by any agreement under paragraph 24; and

“the tenant's repair claim” has the meaning given by paragraph 3(1).

(3) Any reference in this scheme to a numbered form shall be construed as a reference to the form bearing that number in Annex A to this scheme, or to a form substantially to the like effect.

(4) Any reference in this scheme to a numbered or lettered ground shall be construed as a reference to the ground bearing that number or that letter in Annex B or, as the case may be, Annex C to this scheme.

(5) Any reference in this scheme to a numbered paragraph shall be construed as a reference to the paragraph bearing that number in this scheme.

(6) Any notice in writing to be served under this scheme may be served by sending it by post.

Commencement Information

I1 Sch. para. 1 in force at 1.1.1986, see reg. 1