Refusal / No Access Policy

Purpose of the Policy  

• To ensure that Council residential properties are well maintained and meet the Governments Decent Homes Standard as a minimum by working with tenants to prevent the refusal / no access of programmed improvement works, planned maintenance, certain repairs and surveys required, such as stock condition surveys. 
• To ensure the Council deliver works that will contribute to the Council’s 2038 Zero Carbon Target. 
• To enable the annual Capital works programme to be delivered as planned. 
• To ensure compliance with legal, Health and Safety regulations and compliance with tenancy agreements.
• To provide a set of guidelines, including a range of options to act as a framework for officers to support tenants to enable works to be completed. 
• To ensure a robust escalation process is in place to provide the tenant with the opportunity to give access at a mutually convenient time whilst advising that it may lead to forced entry where no access is provided. 
• To outline what can and cannot be refused, identify valid and acceptable reasons for refusal and provide a set of actions to be followed by officers to enable successful injunction process where there is a refusal of essential work. 
• Our aim is to provide a service that will:   
  • Provide high quality housing services and home improvements for secure, warm and sustainable homes. 
  • Treat our tenants with respect at all times. We will be empathetic and non-judgemental with all tenants, ensuring they feel listened to. 
  • Comply with all property related legislation.  
  • Work in partnership with tenants for continual service improvement in delivering the annual Capital works programme 

Background  

• Each year a programme of improvement work is outlined for the Council’s housing stock and each year a high proportion of tenants refuse to have the works completed, in particular rewiring.  Several different reasons are cited for not wanting to have improvements.  For example: - 
  • Happy with what’s already in situ. 
  • Can’t cope with the upheaval. 
  • Tenant is elderly and can’t cope with intrusion to their routine. 
  • Work being done during winter months (e.g., window replacement / heating) 
  • It will leave a mess 
  • Laminate flooring has been installed 
  • Cost of re-decorating is prohibitive 
  • Work commitments and feeling uncomfortable with leaving keys with contractors 
•  There are also a large number of no access / refusals of electrical inspection surveys that are required to comply with legislation and stock condition surveys which are required to ensure properties are free from disrepair and ensure that the asset management system is up to date and relevant when planning future investment works. 
• There is a procedure in place for gas safety checks where tenants refuse access, and this works well to facilitate access to ensure the property is safe, however, this does not include carrying out any further works. 
• Potential risks resulting from refusals / no access for improvement work include the following: - 
  • Effective delivery of the capital programme, such as significant underspends in the year.  
  • Value for money – one-off replacements usually cost more, plus may have a longer lead in time compared to a planned approach.    
  • Health & safety – some elements of work are required from a health and safety perspective.   
  • Impact on overall strategy – e.g., with regards to low carbon heating. 
  • Issues that arise following completion of capital works, such as compliance actions in order to continue claiming Government Grants.     
• Tenancy agreements state that tenants must allow access to inspect and carry out repairs and improvements, and that if a tenant does not allow access that we could take legal action, with the tenant having to potentially pay the costs.   When a tenant refuses work or allow access, they are effectively breaching their contract.    

Scope 

• This policy covers all MCC owned residential properties, and leasehold stock (where applicable). 
• This policy applies to all programmed Capital Improvement works (including planned maintenance, repairs and surveys) and compliance actions to allow the Council to continue claiming Government funding. 
• This policy applies to servicing, where the Council are legally required to carry out safety checks. 
• This policy applies to any property inspections carried out, in order to ascertain the condition of the property.   
• The policy does not apply to gas servicing as there is already a robust policy / procedure in place.  

Definitions   

• Decent Homes Standard – A standard set by Government to ensure social housing is in a decent state of repair and has a reasonable level of modern facilities and thermal comfort. 
• Refusal – Tenant declines home improvement/s to the Council property they live in and sign a waiver for the works. 
• Omission – It is found that the improvement work is no longer required e.g., the kitchen is newer than was expected; due to the repairs service having already completed the work required as a repair; the property has benefitted from a disabled adaptation; or the tenant has completed the work at their own expense. 
• No Access – Despite numerous attempts to communicate with the tenant, including letters, phone calls, home visits etc.  No contact made with the tenant. 

Categories of works  

• There are several different capital work programmes.  Some cause minimal intrusion to the lives of tenants and others can cause whole house upheaval and are very intrusive. 
• The capital improvement works have been categorised essential and non-essential, whether they are external or internal works, and intrusive or non-intrusive and whether enforcement action should be actioned following refusal / no access of the work below.   
• The responsibility for enforcement action will sit within the team that is carrying out the work. For example, if the Repairs and Maintenance Team were carrying out a replacement boiler through day to day, and refusal / no access was given, then it would be the responsibility of Repairs and Maintenance to follow the process.