
1 
These regulations may be cited as the Secure Tenancies (Right to Repair Scheme) Regulations 1985 and shall come into operation on 1st January 1986.
2 
The scheme for entitling secure tenants to carry out repairs to their dwelling-houses which their landlords are obliged by repairing covenants to carry out and, after carrying out the repairs, to recover sums from their landlords, shall be the scheme set out in the Schedule to these regulations.
Kenneth Baker
Secretary of State for the Environment
26th September 1985Wyn Roberts
Parliamentary Under Secretary of State for Wales
26th September 1985
ANNEX A
FORM 1
FORM 2
FORM 3
FORM 4
FORM 5
ANNEX B
PART I
GROUND 1The landlord's costs would be less than £20.

GROUND 2The works specified in the tenant's repair claim do not constitute a qualifying repair.

GROUND 3The works specified in
the tenant's repair claim, if carried out using the materials specified therein,
would not in the landlord's opinion satisfactorily remedy the lack of repair
to which they relate.

PART II
GROUND 4The landlord's costs
would be more than £200.

GROUND 5The landlord intends
to carry out the landlord's works within 28 days of the service on it of the
tenant's repair claim.

GROUND 6The works specified in
the tenant's repair claim are not, in the landlord's opinion, reasonably necessary
for the personal comfort or safety of the tenant or any other person living
in the dwelling-house and the landlord intends to carry out the landlord's
works, within one year of the service on it of the tenant's repair claim,
as part of a planned programme of repair or maintenance.

GROUND 7Carrying out the works
specified in the tenant's repair claim would infringe the terms of any guarantee
of which the landlord has the benefit in respect of any work already done
or materials supplied.

GROUND 8The landlord reasonably
requires access to the dwelling-house in order to inspect the site of the
works specified in the tenant's repair claim but the tenant has failed to
provide such access, although he has been given a reasonable opportunity to
do so by the landlord.

ANNEX C
PART I
GROUND AThe repair works have
not been properly carried out or (except in a case to which paragraph 12(2) applies) the repair works have
not been completed.

GROUND BThe tenant was not entitled
to carry out the repair works under the provisions of paragraph 11.

PART II
GROUND CThe authorised materials
have not been used.

GROUND DThe landlord reasonably
requires access to the dwelling-house in order to inspect the site of the
repair works, but the tenant has failed to provide such access, although he
has been given a reasonable opportunity to do so by the landlord.

GROUND EA condition of acceptance
of the tenant's repair claim was imposed under paragraph 7 and the repair works have not been
carried out by a person approved by the landlord.

GROUND FThe tenant's claim for
payment was not served on the landlord within the period specified in paragraph 12(3).

SCHEDULE
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.
2 
A secure tenant is
entitled to carry out a qualifying repair to his dwelling-house and, after
carrying out such a repair, to recover a sum from his landlord, subject to
and in accordance with the following provisions of this scheme.
3 

(1) A secure tenant who wishes to carry out
a qualifying repair to the dwelling-house of which he is the secure tenant
shall serve on his landlord a notice in Form
1 claiming the right to repair (“the
tenant's repair claim”).
(2) A notice in Form 1 shall contain the following particulars—
(a) a description of the works proposed to
be carried out and the reasons why they are needed; and
(b) a description of the materials proposed
to be used.
(3) A notice in Form 1 shall state whether the tenant wishes
to carry out all or any of the repair works himself or, as the case may be,
to have them carried out by a person named by him.
4 
Within 21 days of the service on the landlord of the tenant's
repair claim, the landlord shall (unless the notice is withdrawn) serve on
the tenant either a notice in Form 2
refusing the tenant's repair claim in accordance with paragraphs 5 and 6
or, as the case may be, a notice in Form 3
accepting the tenant's repair claim in accordance with paragraphs 7 and 8.
5 

(1) The landlord shall refuse the tenant's
repair claim in any case where any of the grounds set out in Part I of Annex B to this scheme applies.
(2) The landlord may refuse the tenant's
repair claim on any one or more of the grounds set out in Part II of Annex B to this scheme.
6 
A landlord's notice in Form
2 refusing the tenant's repair claim shall
contain the following particulars—
(a) every ground for refusal of the tenant's
repair claim, together with an explanation of the landlord's reasons for relying
on that ground;
(b) where one or more of grounds 1, 4, 5
or 6 is relied on, the amount of the landlord's costs; and
(c) where ground 3 is relied on, the landlord's
works and the amount of the landlord's costs.
7 

(1) Where none of the grounds set out in Annex B is relied on by the landlord, the landlord
shall—
(a) accept the tenant's repair claim;
(b) approve the works specified in the tenant's
repair claim with or without modifications; and
(c) authorise the materials to be used in
carrying out the works specified in the tenant's repair claim.
(2) In any of the circumstances described
in sub-paragraph (3)
below (but not otherwise), the landlord may, in accepting the tenant's repair
claim, impose a condition that all or any of the repair works shall be carried
out by a person approved by the landlord.
(3) The circumstances referred to in sub-paragraph (2) above are that—
(i) the tenant does not wish to carry out
the repair works himself; or
(ii) in the landlord's opinion, the tenant
is not likely to carry out the repair works without risk to his safety or
that of any other person.
(4) The landlord may impose no condition
of acceptance of the tenant's repair claim other than that specified in sub-paragraph (2) above.
8 

(1) A landlord's notice in Form 3 shall contain the following particulars—
(i) the date before which a claim for payment
following the completion of the repair works must be made by the tenant, being
a date not less than 3 months after the date of service of such notice;
(ii) the amount of the landlord's costs;
(iii) the amount, which shall be at least
75 per cent. but not more than 100 per cent. of the landlord's costs, which
the landlord will pay in the circumstances provided for in paragraph 22; and
(iv) any modifications of the works made,
and the materials authorised, under paragraph
7.
(2) Where, in accepting the tenant's repair
claim, the landlord imposes the condition specified in paragraph 7(2), the landlord's notice in Form 3 shall specify that condition and the
names and addresses of no less than 3 persons approved by the landlord for
the purposes of that condition.
9 

(1) Where—
(a) the landlord has failed to serve on the
tenant a notice in Form 2
or Form 3 as required by paragraph 4; or
(b) the landlord has served on the tenant
a notice in Form 2
as required by paragraph 4,
specifying ground 5 or ground 6, but has not carried out the landlord's works
within the period specified in that ground,the tenant may, in any case where the tenant's estimate of the
cost to him of carrying out the works specified in the tenant's repair claim,
using the materials specified therein, is not more than £200, serve
a default notice on the landlord in Form 4.
(2) A default notice in Form 4 shall contain the following particulars—
(a) the circumstances in which the tenant
is entitled, under sub-paragraph (1)
above, to serve the default notice; and
(b) the tenant's estimate of the cost to
him of carrying out the repair works.
10 

(1) Within 7 days of the service of a default
notice in Form 4,
the landlord shall (unless the notice is withdrawn) either accept the tenant's
repair claim in accordance with paragraph 7
and serve on the tenant a notice in Form 3
or, as the case may be, serve on the tenant a notice in Form 5 refusing the tenant's repair claim and
the default notice.
(2) The landlord shall refuse the tenant's
repair claim and the default notice where either—
(i) the conditions for serving a default
notice have not been fulfilled; or
(ii) any of the grounds in Part I of Annex B to this scheme applies.
(3) The landlord may refuse the tenant's
repair claim and the default notice—
(a) on any one or more of grounds 4, 7 and
8;
(b) on the ground that the landlord intends
to carry out the landlord's works within 7 days of service on the tenant of
a notice in Form 5;
or
(c) on the ground that the landlord has served
on the tenant a notice in Form 2,
specifying ground 5 or ground 6, and the landlord reasonably requires access
to the dwelling-house in order to carry out the landlord's works, but the
tenant has failed to provide such access, although he has been given a reasonable
opportunity to do so.
(4) A notice in Form 5 shall contain the following particulars—
(a) every ground for refusal of the tenant's
repair claim and the default notice, together with an explanation of the landlord's
reasons for relying on that ground;
(b) where ground 1, ground 4 or the ground
in sub-paragraph (3)(b)
above is relied on, the amount of the landlord's costs; and
(c) where ground 3 is relied on, the landlord's
works and the amount of the landlord's costs.
11 

(1) Following the service on the tenant of
the landlord's notice in Form 3,
the tenant may carry out the repair works using the authorised materials and
claim payment as provided for in paragraph 12.
(2) Where a tenant has served a default notice
on the landlord in Form 4
in accordance with paragraph 9
and either—
(a) the landlord has failed to serve a notice
on him as provided for in paragraph 10;
or
(b) the landlord has served on him a notice
in Form 5 specifying
the ground in paragraph 10(3)(b)
as a ground for refusal, but has not carried out the landlord's works within
the period specified in that ground,the tenant may carry out the works specified in the tenant's repair
claim using the materials specified therein and claim payment as provided
for in paragraph 12.
12 

(1) Except where sub-paragraph (2) below applies, the tenant's
claim for payment shall only be made where, in the tenant's opinion, the repair
works have been completed.
(2) This sub-paragraph applies where, after
the repair works have been started, it is discovered that the condition of
the dwelling-house is such that it is not reasonable for the tenant to proceed
further with those works.
(3) The tenant's claim for payment shall
be made by serving notice in writing on the landlord—
(a) in a case to which paragraph 11(1) applies, before the date specified
in the landlord's notice in Form 3,
as the date before which the tenant's claim for payment must be made;
(b) in a default case, not later than the
end of the period of four months beginning with the date of service on the
landlord of the tenant's default notice,or before such later date as the landlord may in any case allow.
(4) The tenant's claim for payment shall
contain the following particulars—
(a) the costs the tenant has incurred in
carrying out the repair works;
(b) whether, in the tenant's opinion, the
repair works have been completed;
(c) where, in the tenant's opinion, the repair
works have not been completed, the reason for their not being completed; and
(d) whether all or any of the repair works
have been carried out by a person other than the tenant and, if so, the name
of that person.
(5) For the purposes of sub-paragraph (4) above, any reference to the
repair works includes, in a case to which sub-paragraph
(2) above applies, a reference to such part
of such works as has been completed.
13 
Within 21 days of the service on the landlord of
the tenant's claim for payment under paragraph
12, the landlord shall serve on the tenant
a notice in writing either refusing the tenant's claim for payment in accordance
with paragraphs 14 and 15 or, as the case may be, accepting it in
accordance with paragraph 22.
14 

(1) The landlord shall refuse the tenant's
claim for payment under paragraph 12
where any of the grounds set out in Part I of
Annex C to this scheme applies.
(2) Where ground A is relied on, the landlord—
(a) shall specify such further works using
such materials as the landlord considers reasonably necessary to remedy the
inadequacy or the incompleteness of the works that have been carried out (“the
further repair works”); and
(b) may impose a condition that all or any
of the further repair works must be carried out by a person approved by the
landlord.
(3) The landlord may refuse the tenant's
claim for payment on any one or more of the grounds set out in Part II of Annex C to this scheme.
(4) Where ground D is relied on, the landlord
shall specify a date and time at which an inspection of the repair works will
take place.
15 
The landlord's notice under paragraph 13 refusing the tenant's claim for
payment shall contain the following particulars—
(a) every ground for refusal, together with
an explanation of the landlord's reasons for relying on that ground;
(b) where ground A is relied on, the further
repair works and the materials specified under paragraph 14(2)(a);
(c) where ground D is relied on, the date
and time specified under paragraph 14(4);
(d) where ground A or D is relied on, the
date before which a further claim for payment must be made, being a date not
less than 2 months after service of such notice; and
(e) where the landlord imposes the condition
specified in paragraph 14(2)(b),
that condition and the names and addresses of no less than 3 persons approved
by the landlord for the purposes of that condition.
16 
Where the
landlord's notice in accordance with paragraphs
14 and 15
refusing the tenant's claim for payment has been served on the tenant specifying
ground A as a ground for refusal, the tenant may carry out the further repair
works specified in that notice using the materials specified therein.
17 

(1) The tenant's further claim for payment
shall only be made where—
(a) in a case to which paragraph 16 applies, the tenant has, in his
opinion, completed the further repair works or sub-paragraph (2) below applies;
(b) in a case where the landlord's notice
under paragraph 15
refusing the tenant's claim for payment relied on ground D, an inspection
of the repair works has been made.
(2) This sub-paragraph applies where, after
the further repair works have been started, it is discovered that the condition
of the dwelling-house is such that it is not reasonable for the tenant to
proceed further with those works.
(3) The tenant's further claim for payment
shall be made by serving notice in writing on the landlord before the date
specified in the landlord's notice of refusal of payment in accordance with paragraph 15 or before such later date as the
landlord may in any case allow.
(4) The tenant's further claim for payment
shall state—
(a) in a case to which paragraph 16 applies,
(i) whether, in the tenant's opinion, the
further repair works have been completed and, if they have not, the reason
for their not being completed;
(ii) whether all or any of the further repair
works have been carried out by a person other than the tenant and, if so,
the name of that person;
(b) in a case where the landlord's notice
under paragraph 15
refusing the tenant's claim for payment specified ground D as a reason for
refusal, the date on which the inspection of the repair works was made; and
(c) the costs the tenant has incurred in
carrying out the further repair works.
18 

(1) Within 21 days of the service on the
landlord of the tenant's further claim for payment in accordance with paragraph 17, the landlord shall serve on the
tenant a notice in writing either refusing the tenant's further claim for
payment in accordance with paragraph 19
or, as the case may be, accepting it in accordance with paragraph 22.
(2) The grounds set out in Annex C to this scheme shall apply to the further
repair works as they apply in relation to repair works and accordingly—
(a) ground A shall apply as if the reference
to paragraph 12(2)
were a reference to paragraph 17(2);
(b) ground B shall apply as if the reference
to paragraph 11
were a reference to paragraph 16;
(c) ground C shall apply in relation to the
materials specified under paragraph 14(2)(a), as it applies to the authorised materials;
(d) ground E shall apply in relation to any
condition imposed under paragraph 14(2)(b),
as it applies to a condition imposed under paragraph
7(2); and
(e) ground F shall apply in relation to the
period specified under paragraph 17(3),
as it applies to the period specified in paragraph
12(3).
19 

(1) The landlord shall refuse the tenant's
further claim for payment under paragraph 17 where ground A or ground B applies in relation
to the further repair works.
(2) The landlord may refuse the tenant's
further claim for payment—
(a) on any one or more of grounds set out
in Part II of Annex C
to this scheme; or
(b) on the ground that no inspection of the
repair works has taken place as provided for in paragraph 17(1)(b).
20 

(1) Where the landlord refuses the tenant's
further claim for payment under paragraph 19 on ground A, it may, if it thinks fit, give
the tenant a further opportunity to complete or, as the case may be, to remedy
the inadequacy of the further repair works, using such materials, subject
to such conditions and before such date as the landlord may specify.
(2) Where the landlord refuses the tenant's
further claim for payment under paragraph 19 on ground D or on the ground specified in sub-paragraph (2)(b) of that paragraph, it
may, if it thinks fit, give the tenant a further opportunity to provide access
for an inspection, at such date and time as the landlord may specify.
(3) Where the landlord gives the tenant a
further opportunity to carry out works as provided for in sub-paragraph (1) above, paragraphs 16 to 19 shall apply
as if—
(a) for the references to the landlord's
notice in accordance with paragraphs 14
and 15, there were substituted
references to the landlord's notice in accordance with paragraph 21;
(b) for the references to further repair
works, there were substituted references to the works specified in that notice
(“the additional further repair works”);
(c) for the references to the date specified
under paragraph 15(d),
there were substituted references to the date specified under paragraph 21(d); and
(d) for the references in paragraph 18(2) to paragraph 14(2)(a) and paragraph 14(2)(b), there were substituted references to paragraph 20(1).
(4) Where the landlord gives the tenant a
further opportunity to provide access for an inspection as provided for in sub-paragraph (2) above, paragraphs 16 to 19 shall apply
as if—
(a) for the references to the landlord's
notice in accordance with paragraph 14
and 15, there were substituted
reference to the landlord's notice in accordance with paragraph 21;
(b) for the references to the date and time
specified under paragraph 15(c)
there were substituted references to the date and time specified in that notice;
and
(c) for the references to the date specified
under paragraph 15(d)
were substituted references to the date specified under paragraph 21(d).
21 
The landlord's notice refusing the tenant's
further claim for payment under paragraph 19 shall contain the following particulars—
(a) every ground for refusal, together with
an explanation of the landlord's reasons for relying on that ground;
(b) the specification of any works which
the tenant is to have an opportunity to carry out under paragraph 20(1) and of any materials, any conditions,
and the date specified under that paragraph;
(c) the specification of a date and time
for any further opportunity for inspection in a case to which paragraph 20(2) applies; and
(d) in any case to which sub-paragraph (b) or (c)
above applies, the specification of a date before which any further claim
for payment must be made.
22 

(1) Where none of the grounds set out in Annex C is relied on by the landlord and paragraph 19(2)(b) does not apply, the landlord
shall accept the tenant's claim for payment under paragraph 12 or, as the case may be, the tenant's
further claim for payment under paragraph 17 (or that paragraph as applied by paragraph 20).
(2) Where the landlord accepts the tenant's
claim for payment or, as the case may be, the tenant's further claim for payment
and the repair works or, as the case may be, the further repair works or the
additional further repair works have been completed, the amount to be paid
by the landlord shall be—
(a) except where sub-paragraph (2)(b) below applies, the amount
specified in the landlord's notice in Form 3 as the amount the landlord would pay to the
tenant, as modified by any notification in accordance with paragraph 24(3); or
(b) in a default case the amount of the costs
incurred by the tenant in carrying out the repair works and, as the case may
be, the further repair works and the additional further repair works, if any,
or £200, whichever is the less.
(3) Where the landlord accepts the tenant's
claim for payment or, as the case may be, the tenant's further claim for payment,
in a case to which paragraph 12(2)
or paragraph 17(2) (or paragraph 17(2) as applied by paragraph 20) applies, the amount to be paid
by the landlord shall be—
(a) in a case where the landlord accepted
the tenant's repair claim by serving a notice in Form 3, whichever is the lesser of the following—
(i) the amount specified in that notice as
the amount the landlord would pay, as modified by any notification in accordance
with paragraph 24(3);
and
(ii) an amount equal to the costs which,
in the landlord's opinion, the tenant has reasonably incurred in carrying
out those works which he has carried out; and
(b) in a default case, an amount equal to
the cost which, in the landlord's opinion, the tenant has reasonably incurred
in carrying out those works which he has carried out, or £200, whichever
is the less.
23 

(1) The landlord may make payment to the
tenant in any manner that it thinks fit, except that the landlord may only
credit the tenant's rent account in any case where the tenant is in arrears
with the rent for his dwelling-house at the date of the payment, and to the
extent of the arrears.
(2) The landlord's notice accepting the tenant's
claim for payment under paragraph 12
or, as the case may be, the tenant's further claim for payment under paragraph 17 (or that paragraph as applied
by paragraph 20)
shall contain the following particulars—
(a) the amount to be paid;
(b) the manner by which payment is to be
made; and
(c) a date, no later than 14 days after service
of such notice, by which payment is to be made, where such payment is not
concurrent with the notice.
24 

(1) The landlord may at any time agree with
the tenant a variation to any of the following—
(a) the repair works, the further repair
works, or the additional further repair works;
(b) the authorised materials, the materials
specified under paragraph 14(2)
or the materials specified under paragraph 20(1),and may make its agreement conditional upon the requirement that
any such works are carried out by a person approved by the landlord.
(2) The landlord may at any time agree with
the tenant—
(a) to remove any condition of acceptance
of the tenant's repair claim imposed under paragraph
7(2), paragraph 14(2), paragraph 20(1) or under sub-paragraph
(1) above;
(b) to approve additional persons for the
purposes of any condition referred to in sub-paragraph
(2)(a) above.
(3) Where the landlord agrees any variation
under sub-paragraph (1) or (2) above, it shall notify the tenant in writing
within 7 days, where appropriate, of any consequent modification to the amount
of the landlord's costs or to the amount specified in the landlord's notice
in Form 3 as the
amount the landlord will pay the tenant.
25 

(1) Where the repair works may be carried
out by the tenant in accordance with paragraph
11, the landlord's obligation to its secure
tenant under its repairing covenant, in respect of the lack of repair to which
the repair works relate, shall cease to apply—
(a) from the service of the landlord's notice
in Form 3 accepting
the tenant's claim; or
(b) in a default case, from the date on which
the tenant may carry out the repair works as provided for in paragraph 11(2),until whichever is the earliest of the following—
(i) the service on the landlord of the tenant's
claim for payment in accordance with paragraph
12;
(ii) the service on the landlord of notice
in writing by the tenant that he does not intend to carry out or to proceed
further with the repair works; or
(iii) the expiry of the period during which
the tenant's claim for payment must be made in accordance with paragraph 12.
(2) Where the further repair works or the
additional further repair works may be carried out in accordance with paragraph 16 (or that paragraph as applied
by paragraph 20),
the landlord's obligation to its secure tenant under its repairing covenant,
in respect of the lack or repair to which the repair works relate, shall cease
to apply from the service of the landlord's notice in accordance with paragraph 14 and 15
or paragraph 21, until whichever
is the earliest of the following—
(a) the service on the landlord of the tenant's
further claim for payment in accordance with paragraph 17 (or that paragraph as applied
by paragraph 20);
(b) the service on the landlord of notice
in writing by the tenant that he does not intend to carry out or to proceed
further with the further repair works or, as the case may be, the additional
further repair works; or
(c) the expiry of the period during which the tenant's further claim for payment must be made in accordance with paragraph 17 (or that paragraph as applied by paragraph 20).
26 
Any question arising under this scheme may be referred by the landlord or the tenant to and determined by the county court.