Selby housing recharge policy

1.1 This is the recharge policy for our tenants (including licensees) of Selby locality. Recharging relates to both former tenants in the form of void property recharges and current tenants in the form of repair recharges. The policy sets out what tenants may be charged for, how they will be identified and how they will be dealt with.

1.2 Our tenancy agreement states that the tenant, those living with them and their visitors must take reasonable care to prevent damage to the property, decoration, fixtures and fittings, supplied furniture (if applicable), communal areas and neighbouring properties.

1.3 We recognise that the vast majority of tenants have high standards and will look after their homes. However there are a small number who do not value their homes or take responsibility for ensuring they comply with the terms and conditions of their tenancy agreement relating to property standards. We have the tools to be able to recharge tenants who do not comply and thereby help to keep rents and service charges low.
 

2.1 To proactively promote a responsible attitude from tenants towards their property through information and support and by ensuring that costs, where justified, are pursued from those who are negligent or deliberately cause damage.

2.2 To ensure rechargeable items are set out with transparency, clearly communicated and dealt with efficiently and fairly.

2.3 To maximise income via the recovery of debts owed relating to rechargeable items in our interest and the interest of our tenants.
 

3.1 Rechargeable repairs (in void or current properties) result from:

• damage or negligence to the property and / or its fixtures and fittings (internally or externally) by either the tenant, a member of their household or an invited visitor to the property
• damage of negligence to the communal areas
• where a repair falls outside the scope of our legal responsibilities

3.2 Reasonable wear and tear within properties is expected and will not be regarded as a rechargeable cost.

4.1 As a landlord we have certain responsibilities to maintain and repair our properties. These responsibilities are set out in the various housing acts, Landlord and Tenant Act 1985 and the Human Rights Act 1998, and are detailed in our tenancy agreement.

4.2 Tenants also have responsibilities to maintain and carry out certain repairs to our properties. These responsibilities are also set out in the tenancy agreement. If tenants are unsure as to whether a repair is their responsibility or ours, they are able to ask their neighbourhood officer for clarification. 

5.1 Rechargeable repairs can be identified in any of the ways set out below. The list is not exhaustive and rechargeable repairs may be identified in other ways.

1. A programmed inspection of the property.
2. Mutual exchange – the neighbourhood officer will visit the property and advise the tenant what improvements need to be made in order for the exchange to be progressed.
3. Pre-termination visit – rechargeable repairs will be identified as far as practically possible before the property becomes vacant.
4. Reactive visits - when a member of our staff or contractor is called to address a repair it will be inspected to identify if the damage was caused by negligence or deliberately. Where this has occurred it will be reported back to the property management team for consideration to recharge for both the call-out and repair.
5. Information received from external bodies (for example, police, social services, our contractors). In certain circumstances, requisitions for repairs may be raised by external organisations and highlighted as rechargeable. In these cases, details of any required repairs carried out will be sent to the property management team for recharge consideration.
6. Self-reporting - when a tenant reports their own repair, the customer service advisor can refer to the property management team for further clarification and the decision may be made to recharge for the repair based on the information presented.
7. Report to out of hours staff - in an ‘out of hours’ situation, and if the repair is deemed an emergency, work will be carried out and a retrospective recharge may be considered based on the information provided.

6.1 Recharges could be necessary due to, but not limited to:

1. A result of negligence by a tenant that impacts on another. In such cases, the repair to the affected property shall be dealt with via the normal process, but a recharge invoice will be sent to the tenant responsible for the damage caused.
2. A result of malicious actions (whether the perpetrator is known or not), which must be reported promptly to the police and a crime reference number obtained. Police incident numbers will be considered on a case by case basis, accepted at our discretion.
3. Wilful damage caused by tenants, those who live with them, their pets, lodgers or visitors (including children) to any part of the property or communal areas through an act of violence or mistreatment.
4. A result of accidental damage. Each case will be considered on its merits and discretion may be exercised depending on the circumstances.
5. The cost of removing graffiti and rectifying damage where this has been done by the tenant, their household members (including children), lodgers or visitors to the property.
6. Reasonable costs for special cleaning and/or any other professional treatment that might be needed if your home or a communal area becomes infested as a direct result of you failing to take reasonable steps.

7.1 Recharges could be necessary due to, but not limited to the scenarios below.

1. For the cost of making good any damage, replacement of missing fixtures and fittings, unauthorised alterations and removal of anything left in the home, garage or garden at the end of the tenancy. Particular attention will be given to:
   • missing items
   • property alterations
   • damage other than fair wear and tear
   • clearance of rubbish, floor finishes etc
   • loft clearance
   • clearing gardens including removal of sheds - sheds in good condition may be left if agreed at pre-tenancy inspection by a neighbourhood officer
   • removal or lopping of trees where it is tenant responsibility and it has not been maintained
   • repairs to pathways, fencing, outbuildings or property where damage is a consequence of unmaintained trees deemed the tenant’s responsibility
   • removal or making good tenant fixtures
2. Where possible a final inspection of the property should be carried out by a neighbourhood officer before the property is vacated to ensure all rechargeable repairs have been completed to our satisfaction.
3. Where it has not been possible to carry out a final inspection (for example, where a tenant has died), an inspection will be carried out as soon as possible after the property is vacated and any rechargeable repairs dealt with via this policy. Care should be exercised to ensure necessary repairs can be attributed to the outgoing tenant and did not occur post-vacation.
4. Each case will be considered on its merits and discretion may be exercised depending on the particular circumstances.

8.1 Recharges could be necessary due to, but not limited to:

1. Unauthorised alterations by a tenant where we cannot grant retrospective consent. This includes any works that are required to bring the property back up to an acceptable level in accordance with our lettable standards.
2. Replacement of lost or broken door entry key fobs and keys by a tenant, and the cost incurred in gaining entry to change the locks, including garages and outbuildings.
3. Storage of a tenant’s goods following eviction, when the property should be left clean, tidy and empty. If belongings are left in the property we will apply the provisions of section 41 of the Local Government (Miscellaneous Provisions) Act 1982 (lost and uncollected property). If the items are not removed by the tenant in the timescale provided and we therefore take ownership of the items, the tenant will be charged for any costs we incur relating to the removal, storage, disposal or other costs relating to their property.
4. Occasions where access to our property is required to fulfil legal obligations, such as the completion of gas servicing. Where access to the property is denied and legal action is taken, the tenant will be responsible for costs incurred, where awarded.
5. Other court costs and legal fees - occasions where it may be necessary for us to take a tenant to court (for example for the non-payment of rent or due to anti-social behaviour). Where awarded, the tenant will be responsible for cost incurred.
6. Clearance of bulky items from housing land/communal areas - if a neighbourhood officer deems it necessary for such items to be removed, the responsible tenant will be recharged accordingly. If a bulky item has to be removed from a communal area and the person responsible is not known, the tenants within that area will be recharged in equal amounts where it is considered to be appropriate and reasonable to do so.
7. Costs of tidying gardens and removing trees or hedges that have been neglected or left overgrown by a tenant and there is no good reason why the tenant cannot do the work themselves. Also where a tenant has requested the removal of a tree or hedge or other natural item that is not our responsibility (and any necessary consents first obtained). If the tenant is elderly or disabled, we may be able to advise the tenant where they can go for help with their garden.
8. Any other circumstances that result in an unreasonable cost to us.

9.1 When a repair request is received or identified and it is considered to be rechargeable in line with this policy, we will advise the tenant of their responsibility to have the work carried out and that it will be at their own cost.

9.2 In some circumstances, tenants are not obliged to have the rechargeable work undertaken by us and can complete it themselves. If the task is specialised, they could hire a specialist in the area concerned to undertake the work required. This individual must have adequate public liability insurance cover and be properly and appropriately registered for the applicable trade (for example, qualified and registered electricians, gas safety professionals, recognised tree fellers). The tenant must notify us in advance if they intend to employ a specialist contractor in order to obtain prior consent. The work must be completed to a standard we accept and an inspection must take place to ensure this.

9.3 Where the tenant is unable to arrange for the repairs to be completed, we will process the work in the normal way and, with agreement from the tenant, define it as a recharge. If possible, full payment in advance should be collected. If this is not the case, an invoice will be issued for the cost of the works once they have been completed, for payment by the tenant.

9.4 Where the tenant is unwilling to arrange for the repairs to be completed (either by recharge or by making their own arrangements), and as a consequence will put other tenants or visitors at risk, we will process the repair in the normal way. We will define it as a recharge and send an invoice to the tenant as soon as possible after completion of the works.

9.5 Where the tenant has died, an invoice will be raised against their estate.

10.1 Once a rechargeable repair has been identified, a report will be compiled highlighting each item, detail of the repairs and an estimated cost. This will be used to create an invoice for the cost of completing all of the listed works.

10.2 The costs of rechargeable repairs are based on the repair costs, usually in accordance with the schedule of rates unless a specialist repair service is required, and may vary.

10.3 Where a tenant is unable to pay the amount due for a recharge in full, a repayment plan can be considered and, if appropriate, agreed at a reasonable or affordable level. Payment can take place in many different formats, which will be discussed with tenants on an individual basis.

10.4 Where an invoice is raised against an estate and there are no funds available, the executor or administrator of the estate, next of kin or other persons managing the financial affairs must provide a copy of the deceased’s closing bank statement.

11.1 If a tenant leaves their current home to become our tenant in another home but has current rent arrears or other repair recharges, the following will apply:

1. In normal circumstances we will expect the tenant to clear their existing rent account and recharges before they are able to transfer or exchange homes.
2. By signing the new tenancy, the tenant agrees that we can treat these as debt under the new tenancy and will be entitled to use all rent payments made on the new home to pay off any arrears or recharges on the previous property.
3. If a tenant has more than one charge still to pay (for example, rechargeable repairs for damage caused to the home, as well as rent arrears) we may use any money paid by the tenant to pay off the oldest debt first, as long as the tenant has been advised beforehand that this is what we intend to do.

12.1 Subject to any legislative requirements, disputes of recharges should go through our corporate complaints procedure, but should be received within 21 days of the invoice being sent.

12.2 If appropriate, the tenant will be notified if further evidence is required and within what timeframe. It is the tenant’s responsibility to provide the requested evidence, without which it will be assumed they no longer wish to pursue the matter. 

12.3 We will fully investigate any disputed rechargeable costs. If after investigation the original costs are upheld, we will advise the tenant of the necessary steps to be taken to repay the amount owing. If they remain dissatisfied, they can escalate their complaint via the corporate complaints procedure.

12.4 The cost of a recharge may be waived, in full or in part, in exceptional circumstances where evidence can be provided to justify such waiver. For example, it may be appropriate to waive it if the tenant or leaseholder has a disclosed, prolonged or considerable disability, mental health issue, learning difficulties or where a recharge would result in considerable financial hardship.

12.5 We have the right to refuse to carry out rechargeable repairs, provided that by doing so we are not placing the tenant or any other residents at risk of harm and we are not acting in breach of any legal obligations to our tenant. Reasons include requests for additional works where previous payments have not been made or repayment plans have not been kept up to.

13.1 This policy will be reviewed every three years, unless required earlier through legislative or regulatory changes.