Right to Repair

The Right to Repair Scheme enables you to have certain small essential repairs, called 'qualifying repairs', done within a maximum time-scale set by the government.

If you are a West Lothian Council tenant, you have the right to have certain small urgent repairs carried out within specific timescales. This is known as the Right to Repair Scheme and is provided under the Housing (Scotland) Act 2001.

This scheme applies to Scottish Secure Tenants and Short Scottish Secure Tenants and helps ensure that essential repairs affecting health, safety and security are dealt with promptly.

How does the scheme work?

If it is a qualifying repair and we, the Council, fail to start the repair on time (unless we were unable to gain access), you may instruct the contractor listed below to carry out the repair instead.

You will also be entitled to compensation from the Council. We will tell you when you report a repair if it is a qualifying repair under the Right to Repair scheme, but please check with your local office before instructing an alternative contractor.

What repairs are included in the scheme?

The scheme covers certain repairs up to the value of £350. These repairs are known as 'qualifying' repairs.

A list of qualifying repairs is available on the Tenant's Right to Repair (PDF, 117 KB)(opens new window) leaflet.

Reporting a Repair

When you report a repair, West Lothian Council will:

Confirm whether the repair is our responsibility.
Confirm whether the repair qualifies under the Right to Repair Scheme.
Tell you the maximum time allowed for the repair.
Explain your rights under the scheme.
Arrange access to your home to inspect or complete the repair where necessary.

Some repairs may require an inspection before they can be classified as a qualifying repair.

How to report a repair

You can report a repair by;

logging into the Customer Portal where you can request a repair, manage your repair appointments, and check your tenancy information
contacting the Council on 01506 280000

Request a Repair

What happens when I report a repair

When you report a repair, the council will let you know whether it is their responsibility and whether it is a qualifying repair under the Right to Repair scheme. The council may need to inspect your home to find out whether the repair is a qualifying repair or not.

If the repair does qualify under the scheme, the council will:

tell you the maximum time allowed to carry out the repair;
tell you the last day of that period;
explain your rights under the Right to Repair scheme;
make arrangements with you to get into your home to carry out the repair

In certain circumstances, such as severe weather conditions or situations beyond the contractor's control, the timescales for repair may need to be extended. Where this happens, we will explain the reasons and any temporary arrangements that may be put in placeList of contractors

Am I entitled to any compensation?

If a qualifying repair is not started or completed within the legal timescale or you need to go to the designated contractor to have the repair done, you may be entitled to compensation.

You may receive:

£15 compensation if the repair is not started or completed within the required timescale.
An additional £3 for each working day the repair remains outstanding after that date.
Compensation is capped at £100 for any single repair.
If the Council has started, but not completed, the repair within the maximum time, you will also be entitled to £15 compensation.

If you are in arrears of rent, we may offset the compensation against arrears.

The Council will explain the process and any compensation entitlement when a qualifying repair is reported

How do I claim compensation?

If you have had to instruct another contractor, they will contact Housing Services and a cheque for the relevant amount will automatically be sent to you, or credited directly to your rent account if you are in arrears. If our contractor starts the repair but does not complete it by the target date you can either contact your local area housing office to make a claim or use the repair satisfaction questionnaire which was sent to you with the repair receipt.

List of contractors

Contractors who are prepared to carry out qualifying repairs when the council are unable to meet the required timescales are:

Falkirk Council

Tel: 01324 506070

This list may change from time to time, so check with your local Area Housing Office first.

Important

If you have not provided access to enable the qualifying repair to be inspected or carried out, you do NOT have the right to instruct another contractor or any compensation.