Essential repairs – how long to pay?

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  • #38995
    jowalraven
    Participant

    Reading the regulations, it looks as though there is no time limit to paying someone who is temporarily absent from a property due to essential repairs being carried out. Is this correct or does the 13 week time limit apply?

    #110497
    Amanda JB
    Participant

    Hi

    I understand Reg 7 (4) to mean that they are still treated as occupying the home, therefore not temporary absent so no timescales are invoked.

    #110498
    Amanda JB
    Participant

    sorry i meant to add that if any of the timescales applied then para 4 would say “subject to para 13” but it doesnt, in my humble opinion anyway

    #110499
    jowalraven
    Participant

    I agree but some colleagues of mine maintain that the 13 week rule applies. Thanks for help.

    #110503
    nickkeogh
    Participant

    To put it bluntly your colleagues are wrong. This situation is a stand-alone in the regs and isn’t subject to any restrictions such as 13/52week limits or intention to return etc. As long as they are still liable to make rent payments and the repairs are essential then they are treated as occupying that dwelling. If they were to think about it what they’re saying is nonsensical. If the property has had structural damage that needs repairing then it’s hardly likely to be repaired within 13 weeks. It could take many months and well over a year depending on the severity.

    #110541
    Amanda JB
    Participant

    I think there is a CD as well which states that the reg only applies whilst the “essential” repairs are outstanding, once the repairs have been completed then the reg no longer applies, you could then go on to consider the 13 week rule but this would start from the first day of absence, so if already been absent for over 13wks then ent would stop as soon as soon the repairs have finished.

    That would be CH/393/2002

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