Recharge Policy

Our vision

Our Housing Service vision is that all homes in East Suffolk are safe, suitable, and sustainable, in communities where residents are proud to live.

This vision supports the Sustainable Housing theme in the council’s Corporate Strategy: Our Direction 2028.

Equality and diversity statement

East Suffolk Council (ESC) is intent on ensuring people or communities do not face discrimination or social exclusion due to any of the following protected characteristics: age; disability; sex; marriage and civil partnership; race; religion or belief; sexual orientation; gender reassignment; pregnancy and maternity, and socio-economic deprivation.

This document complies with the council’s equality and diversity policy.

Purpose of policy

1.1. This policy sets out East Suffolk Council’s approach to recharging for repairs which are the tenants responsibility. This policy also includes how reasonable costs are recovered, how tenants can appeal repairs which have been charged for and the frequency for review.

1.2. The purpose of this policy is to:

• Ensure only appropriate repair and maintenance costs are being met by ESC.
• Treat all tenants fairly and in accordance with the ESC Tenancy Agreement
• Minimise the financial impact on ESC of repairs which are the responsibility of tenants or former tenants
• Make sure ESC tenants feel safe in their homes and that the properties are well-maintained and safe.

1.3. This policy should be read in conjunction with the following ESC documents:

• Tenancy Agreement
• Tenants Handbook
• Repairs Charter
• Empty Homes Lettable Standard
• Tenants Home Improvements Policy
• Keeping Communal Areas Safe Policy

1.4. The aim of this policy is to ensure that ESC has a robust process in place and that:

• Tenant’s homes are safe and well maintained
• Tenants who keep their home in good order are not disadvantaged, by those who cause wilful damage to properties
• The financial cost of damage does not adversely impact on the council’s repairs and maintenance budget.
• Tenants are made aware, and periodically reminded, of their responsibilities in relation to the condition of their homes.
• Issues are identified at the earliest opportunity and effectively communicated to tenants.
• Mechanisms are in place to allow tenants to appeal decisions which they disagree with.
• Appropriate regard is given to the tenant’s financial circumstances in making arrangements for the repayment of repairs.

Introduction

2.1. ESC aims to provide excellent customer-focused repairs and maintenance services to our tenants. Our tenancy agreement sets out our legal obligations and further information is available in the Tenants Handbook and Repairs Charter.

2.2. This Policy affects tenants of our homes and sets out responsibilities for the cost of repairs. Leaseholders are not included in the scope of this policy as responsibility for repairs is set out in each leasehold agreement.

2.3. The Tenant's Handbook is a guide to the housing services delivered to our tenants. Every new tenant is given one of these handbooks. It describes tenants' rights and responsibilities and our responsibilities as a landlord. The handbook is an important reference document. It contains a section on the tenancy agreement, and the conditions that tenants, and the council must comply with. Additionally, it gives clear and simple information about a range of housing services.

2.4. Our tenancy agreement details the range of repairs the council is responsible for, which are funded through rental income. The tenancy agreement also sets out tenants’ responsibilities to look after their home and to pay for items that are the result of their or their visitors damage or misuse, beyond “fair wear and tear”. Tenant-related repair work has become an increasingly large element of our maintenance expenditure in recent years, putting pressure on the overall budget and potentially delaying the carrying out of works to other tenant’s homes.

2.5. The recharging for repairs takes account of all relevant statutory, regulatory and good practice requirements, including:

• Housing and Building Control Act 1984, and subsequent amendments
• ESC’s Tenancy Agreement
• Regulator of Social Housing’s Safety and Quality Standard
• Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994
• Defective Premises Act 1972
• Equality Act 2010

2.6. A repair is considered rechargeable where:

• it is the responsibility of the tenant, in accordance with the terms of the relevant tenancy agreement or lease.
• the repair is required due to negligent loss, wilful damage, neglect, misuse or abuse by the tenant, their family or visitors to their property.
• the repair is required to rectify unsatisfactory works undertaken by the tenant, or by others under the tenant’s direction, to the property
• the repair is required to rectify a tenant's alteration, for which approval was either not granted, or no permission was sought

2.7. The tenant will be informed at time of diagnosis that a repair is deemed their responsibility and therefore they will be recharged. In certain circumstances, where a recharge was not apparent at first point of contact, the operative on site will then inform the customer that the repair may be rechargeable. If the repair is an emergency, work to complete the repair will continue whilst the repair operative is on site. However, if the repair is a non-emergency, then work will commence following payment for the repair.

Responsibility for repairs

3.1. The Secure Tenancy Agreement, Tenants Handbook and the Repairs Charter clearly defines responsibilities for both the council and the tenant.

3.2. The Landlord and Tenant Act 1985 requires the council to maintain homes as fit for human habitation. Section 11 of the Act requires the Landlord to keep in repair the structure and exterior of the dwelling house. They must keep in repair and working order, the installations for the supply of gas, electricity, water, sanitation, space and water heating. The Landlord is not required to carry out repairs because the tenant has failed to use the property in a tenant like manner, or repair anything the tenant is entitled to remove from the property.

3.3. In general terms, the council will fully maintain the structure, fabric and installations within the property and common parts to a reasonable standard and ensure the property complies with all relevant statutory requirements. This includes:

• the structure and fabric of the home i.e. roofs, walls, external doors, window frames and glazing, ceilings and plaster work, drains, gutters etc.
• the services within the home including water, gas, electricity, baths, sinks, toilets, heating and water heating (installed by the council or where we have accepted responsibility).
• communal areas, which include common entrance doors, entrance halls, stairs landings, lifts, communal TV aerials, shared gardens, parking areas and entry phones systems.

3.4. Tenant responsibility includes taking reasonable care of the property, maintaining a reasonable standard of decoration and repairing damage caused wilfully or negligently by them, by anyone living with them or by visitors to the property. This does not include damage caused by fair wear and tear or by vandalism (providing this has been reported to the police and a crime reference number provided to the council). Specific tenant responsibilities are set out in the Repairs Charter.

3.5. Where repairs are not the Council's responsibility, costs will be recharged to the tenant/former tenant. In some circumstances (outlined below) the tenant may be offered the option of undertaking the works themselves, at their own expense.

Prevention and early identification of rechargeable repair issues

4.1. The council will maintain a regular review of its approach to ensuring that tenants understand their responsibilities to look after the condition of their homes. The information to tenants may be promoted using a range of media types and will have regard to language barriers and translation formats.

4.2. Information may be provided:

• at the start of a tenancy, including a copy of the Tenant Handbook
• periodically to all tenants on a planned and ad hoc basis
• through articles in newsletters and social media

4.3. Often issues are only first identified at the tenancy termination stage or when keys are handed back in. Early identification of potential issues can be important to prevent issues becoming worse and to maximize the opportunity to engage with tenants and any support agencies. Housing Management and Maintenance staff will be responsible for identifying potential issues at the earliest opportunity when in tenants’ homes and contractors will also be encouraged to give feedback where appropriate.

Categories of recharges

5.1. Missed appointments for safety checks and forced access

• Safety checks, including but not limited to gas and electrical safety inspections are scheduled with the tenant for a mutually agreed date and time. If no one is home when the engineer arrives, it can cause a loss, as the engineer’s schedule is arranged based on pre-planned work. In such cases, the cost for the missed appointment may be passed on to the council. The council provides advance notice and ample opportunity for tenants to reschedule if needed. Therefore, unless there are exceptional circumstances, the council will recharge the tenant for any costs incurred due the missed appointments passed on by the contractor.
• Tenants are advised of this potential recharge in writing in the series of letters notifying them that the service or electrical safety check is due.
• The costs and legal fees, including court and bailiff costs associated with forcing access to a property for an essential safety inspection will always be recharged to the tenant. Again, residents will be warned that failure to allow these important safety inspections to be completed will result in additional costs.

5.2. Lock-outs, lost keys and entry fobs

• At the commencement of each tenancy two keys will be provided to each external door and where required two door entry fobs are provided to the new tenant. If the tenant loses their keys or fob and requires the assistance of the council to gain access, the cost of this will be recharged. The recharge will include any necessary replacement locks/ glazing damaged during gaining access. The council will always seek to gain access to a property using the most cost-effective method.
• Requests for assistance to gain entry outside of normal working hours will be recharged at the appropriate higher cost.
• The tenant will be advised in advance of the cost of gaining entry and will be offered the opportunity to find an alternative contractor.
• Home contents insurance may cover these costs, please check with your insurance provider if you have taken out Contents Insurance.

5.3. Broken glazing

• The council has an obligation to ensure its homes are safe and well maintained. It is important that safety requirements are followed when replacing glass in windows, doors and screens. If a double-glazed window fails due to the airtight seal perishing this will be replaced at no cost to the tenant. If the glass is broken by the tenant, a member of their family or a visitor to their property this will be considered a rechargeable repair. Windows broken by acts of vandalism by third parties will not be recharged when a valid crime reference number is provided by the tenant.

5.4. Forced entry

• A repair may be required because of forced entry by Police or other agency who have reasonable cause to do so in the execution of their legal duties in relation to crime. Such repair costs will be rechargeable to the tenant.
• A repair may be required following forced entry by members of the emergency services in relation to concerns for the safety of the tenant or their family members. In these circumstances the tenant will generally not be recharged the cost of any required works. In some circumstances the council reserves the right to recharge for these works with the agreement of the Head of Housing.

5.5. Unauthorised or poorly executed tenant alterations

• The council has a policy to permit tenants to carry out approved alterations to their homes during a tenancy's lifetime. This approval is subject to conditions and expected quality standards. A repair or reinstatement can arise, either during or at the end of a tenancy if the tenant has not complied with the Tenants Home Improvements Policy and any approvals given in writing by the council to the tenant to make such alterations. All costs associated with the reinstatement works to the minimum lettable standard would be rechargeable to the tenant.

5.6. End of tenancy repairs

• At the end of each tenancy, the council carries out work to ensure each home meets its lettable standard. Many repairs will be necessary because of fair wear and tear and some items may be replaced because of their age on a discretionary basis. These repairs are not the responsibility of the out-going tenant and will not be recharged.
• Some end of tenancy repairs may be required because of damage or neglect by the out-going tenant and in these circumstances, it will be the tenant’s responsibility to meet the cost of this work. Most repairs will be identified during an End of Tenancy Inspection, by a member of the Housing Team. The out-going tenant will be given the opportunity to carry out the work themselves to an acceptable standard or the works will be rechargeable.
• In some circumstances it is not possible to identify damage during the End of Tenancy Inspection, it may be hidden by furniture, or some rooms may not be fully accessible. In these cases, photographic and/or video evidence of the damage will be collected. The former tenant will be notified in writing of the additional repairs and the cost to remedy them.
• At the end of each tenancy the property should be left in a clean condition, and all the tenant's furniture, fixtures and fittings should be removed. Gardens and outbuildings should be left clear of belongings and rubbish. All cleaning and clearance carried out by the council at the end of a tenancy will be rechargeable.
• Housing Team members will consider the out-going tenants' ability to clear the property and, where circumstances would prohibit the tenant or their family and friends from supporting them, having regard to the Public Sector Equality Duty under section 149 of the Equality Act 2010, charges may be waived or reduced.
• During the End of Tenancy Inspection if the out-going tenant indicates they wish to leave floor coverings which are in good condition and can be left for the in-coming tenant this will be noted and photographed or videoed during the inspection and no charges will be made for their removal. Any agreement to accept floor coverings remains with the council.

5.7. Communal areas

• In line with our Keeping Communal Areas Safe Policy a charge will be issued for any item removed from a communal area where the owner can be identified, or where we receive contact from the owner requesting a collection and/or return.

5.8. Untidy gardens/garden clearance

• In line with our Tenancy Agreement and Tenants Handbook, tenants are required to maintain their garden to an acceptable standard, both in terms of grass and plants and keeping it clear of rubbish and household items.
• The Tenant’s handbook states that, ‘You must keep your garden tidy, and trees and hedges must be kept in a manageable state.’
• Tenants will be recharged if work is required to return gardens to acceptable levels.

Individual case assessment

6.1. Each recharge will be reviewed by a member of the Housing Team, considering all the circumstances surrounding the damage or cause of repair. High-cost recharges will be reviewed by a member of the Housing Leadership Team before being issued to the tenant or former tenant. High-cost recharges are considered as any value greater than the equivalent 4 weeks rent for the property. In certain cases, the council may waive all or part of the charge. This discretion may be applied taking the tenants specific needs and circumstances into consideration, having particular regard to the Public Sector Equality Duty under section 149 of the Equality Act 2010.

6.2. Where damage is caused by an unknown third party and the tenant provides a crime reference number, the repair charge may be waived at the council's discretion. Furthermore, where there is evidence of domestic abuse as part of our overall support and safeguarding protocols, we will also consider waiving charges without the need for further evidence.

Appeals

7.1. All tenants/former tenants have the right to appeal a decision to recharge. Appeals will be dealt with in the context of and in line with the published Customer Feedback Policy, ultimately providing for appeal to the Housing Ombudsman Service in the event of continuing dissatisfaction. Tenants/former tenants will be advised to submit any appeals within 28 days of the formal notification of the recharge and any appeal request received after this time may be declined.

7.2. The council will keep under review the incidence and causes of recharging and the outcome of appeals when reviewing its future approach to the prevention and recovery of rechargeable repair debt.

Invoicing, payment collection and repayment arrangements

8.1. Invoicing for rechargeable repairs will be carried out in line with ESC’s Recharge Procedure. As part of the annual budget setting process the Policy Owner will publish a revised schedule of charges for rechargeable repairs. The schedule will set out the maximum fee charged for routine repairs covered within this policy. Exceptional costs outside of the schedule may be charged but only with the written agreement of the policy owner. The published schedule ensures costs charged to tenants and former tenants are:

• transparent and consistently charged,
• not considered punitive,
• reflect the actual cost incurred by ESC,
• reviewed and approved by elected members of the council as part of the budget setting process.

8.2. An example of the fee schedule for rechargeable repairs can be found in Appendix 1. This schedule is for routine tasks which are rechargeable and is not an exhaustive list of all repairs which may be rechargeable. These charges will be reviewed annually and published in the ESC Fees and Charges Booklet.

8.3. Where possible, full payment will be secured in advance for works that are rechargeable. In circumstances where full pre-payment is not possible a deposit will be sought (where practical) and the tenant will be required to agree a payment arrangement ahead of works being carried out.

8.4. For repairs relating to end of tenancy works, where practical, the outgoing tenant will be advised of the cost of the recharge before the tenancy terminates. Where damage is not evident until the tenancy has ended the former tenant will be contacted and advised of the recharge for the rechargeable works. Former tenant arrears relating to rechargeable repairs will be pursued similarly to any former tenant rent arrears. However, the recovery of rent arrears and any outstanding Council Tax will take precedence over repairs debt.

8.5. In some exceptional circumstances, particularly those where the repair involves replacement of material components or sub-contractors, tenants may be informed that the costs are an estimate and there may be additional unforeseen works. The final costs will be readjusted accordingly. Conversely there may be a reduction in the estimate if not all anticipated works are required.

8.6. All outstanding rechargeable repair debt for former tenants will remain on file for at least 6 years following the end of a tenancy to enable a review of debt history if a former tenant seeks re-housing with the council.

8.7. Where requested, and where payment cannot be secured in advance, the council will secure a repayment arrangement with the tenant/former tenant. The terms of any payment arrangement will be assessed on a case-by-case basis following consideration of the circumstances of the tenant, other monies owed to the council, the nature of the rechargeable repair and its cost. Where appropriate, tenants will be offered assistance via money advice services to help manage ongoing debts.

Policy review

9.1. The Strategic Lead for Housing Services and the Strategic Lead for Repairs and Maintenance will be responsible for ensuring the implementation of this policy in collaboration with Legal Services and Finance Team colleagues to ensure the policy is adopted and administered appropriately.

9.2. We will review this policy annually, or sooner if there are any changes to legislative, regulatory, best practice or operational issues.

9.3. Next review due: July 2026.

Appendix 1 - Fee Schedule Rechargeable Repairs

Description of work carried out	Unit of measure	Cost
Lost keys, gain entry and access alternative keys 8am-4pm Monday to Thursday and 8am to 3.30pm on Fridays.	Per occasion	£76.80
Lost keys, gain entry and access alternative keys 4pm-8am Monday to Friday morning, from 3.30pm on Friday afternoons and anytime Saturday/Sunday/ Public holiday	Per occasion	£96
Gain entry and replace door lock and keys 8am-4pm Monday to Thursday and 8am-3.30pm on Fridays.	Per occasion	£117.60
Gain entry and replace door lock and keys 4pm-8am Monday to Friday morning, from 3,30pm on Friday afternoons and anytime Saturday/Sunday/ Public holiday	Per occasion	£146.40
Replacement door entry fob to communal door	Per fob	£36
Replacement external door and frame where necessary to dwelling any type or size	Per door	£631.20
Replace flat front door with approved fire door FD30 complete with frame and ironmongery	Per door	£1,440
Replacement internal door to any room, any size including all ironmongery	Per door	£154.80
Replacement internal fire door, any type or size including all ironmongery	Per door	£350.40
Replacement window glass any size double glazed unit	Per window	£136.80
Replacement glass to any external door	Per door	£177.60
Board up window and make safe 4pm-8am Monday to Friday morning, from 3.30pm on Friday afternoons and anytime Saturday/Sunday/ Public holiday	Per window	£54
Board up window and make safe 8am -4pm Monday to Thursday and 8am – 3.30pm on Fridays	Per window	£67.20
Replace damaged electrical accessories, light fittings, socket outlets, switches or cabling etc.	Per occasion	£98.40
Clear blocked drain caused by tenants' actions	Per occasion	£108
Clear room of former tenants' fixtures, fittings, furniture or belongings. Excluding floor coverings	Per domestic room	£108
Replace damaged kitchen worktop	Per linear metre	£70.80
Replace damaged kitchen base unit	Per unit	£186
Replace damaged kitchen wall unit	Per unit	£127
Treat property for infestation of fleas/bed bugs/insects	Per occasion	£138
Replacement wash band basin	Per item	£240
Replacement toilet pan	Per item	£184.80
Replacement bath	Per item	£614.40
Remove floor covering	Per room	£151.20
Clear out building/garage/shed	Each space	£150
Remove former tenant’s white goods or appliance (In addition to clearing the room)	Per item	£18
Remove or obliterate graffiti from inside property	Per room	£31.20
Fill holes in walls greater than 5cm x 5cm	Per hole	£19.20
Remove unauthorised tenant alterations, porch, lean-to, conservatory type structure	Per item	£540
Removal of fly tipping maximum 2 domestic bin bags in size or similar	Per occasion	£90
Missed gas servicing appointment	Per appointment	£36
Repair water pipe punctured by tenant	Per item	£62.40
Mutual Exchange Electrical Inspection	Per item	£164.40
Clearing garden waste	Per bulk bag	£194.40
Removal of garden shed not exceeding 8ft x 10ft	Per item	£240
Replace carpet	Per room	£264
Replace whole kitchen	Per room	£4,800
Replace whole bathroom	Per room	£2,700