'No Access' Policy
7 Programmes
Appointments
7.1 When a tenant reports a non-emergency repair, we will provide a mutually convenient appointment for the works to take place. Where this is not possible, or the works required are unclear, we will offer an appointment for an inspection to diagnose the correct works required.
7.2 For responsive repairs to a communal area where no tenant access is required, appointments will still be scheduled with a lesser priority than repairs to tenants' homes.
7.3 Tenants are required to provide access for repairs at the appointed time, to remove belongings to enable the work to be undertaken and to provide a clean, smoke-free environment for our employees and contractors to work in.
7.4 If appointments are no longer convenient, tenants are required to inform Gateshead Council to rearrange to a more suitable date and time. 24 hours' notice should be given wherever possible.
Customers can cancel a repair by the following means:
- telephone - via our 24-hour freephone telephone service on 0800 408 6008
- online - via My Housing Account (opens new window), Gateshead Council's online service for council housing tenants
- by text to 0762 480 4167, starting your message with "repair"
- by email to [email protected]
7.5 If a tenant fails to provide access to pre-arranged appointments, Gateshead Council reserves the right to recharge a tenant.
7.6 Where Gateshead Council have attended an appointment but could not gain access and the repair is deemed to be a health and safety issue, we will contact the tenant to arrange another appointment.
7.7 Where Gateshead Council have attended an appointment but could not gain access and the repair is not deemed to be a health and safety issue, it is the tenants' responsibility to contact us to arrange a suitable appointment to complete the required repairs.
7.8 Where there is an immediate risk or hazard to property or people, we will take additional steps to ensure access to the property.
7.9 Appointments are undertaken in line with the Repairs and Maintenance Policy.
No access in emergency repair situations
7.10 When a tenant reports an emergency repair, the tenant (or an appropriate adult) must remain at the property for the agreed period (usually 24 hours), until a representative of Gateshead Council attends to repair or make the property safe.
7.11 If we are unable to gain access due to the tenant not being home for a repair, the operative/contractor will make efforts to contact the tenant on arrival at the property to gain access, including contact by telephone.
7.12 Photographic evidence of the arrival at the property will be taken and uploaded to our Document Management System (DMS).
7.13 A No Access Card will be left at the property, notifying the tenant that the repair has been cancelled and they must contact Gateshead Council to book another appointment.
7.14 The tenant may be charged a standard no access appointment fee. This is to cover the minimum labour costs for the abortive costs of Gateshead Council or a contractor.
7.15 In emergency situations where the repair poses a serious safety risk for other residents or within a building, we will take appropriate steps to gain access. All reasonable attempts to contact the tenant will be made to allow a reasonable timescale to gain access. If this is not successful, we will force entry to the property to remove any safety risks. If the tenant does not allow reasonable access, they will be liable for the associated costs of the forced entry, repair work and any damage caused through the inaction or neglect by the tenant.
No access in non-emergency repair situations
7.16 When a tenant reports a non-emergency repair, we will provide a mutually convenient appointment for the works to take place or an appointment for an inspection to diagnose the correct works required.
7.17 If Gateshead Council is unable to gain access due to the tenant not being home for a repair, the operative/contractor will make efforts to contact the tenant on arrival at the property to gain access, including contact by telephone.
7.18 Photographic evidence of the arrival at the property will be taken and uploaded to our Document Management System (DMS).
7.19 A No Access Card will be left at the property, notifying the tenant that the repair has been cancelled and they must contact Gateshead Council to book another appointment.
7.20 The tenant may be charged a standard no access appointment fee of £35.00. This is to cover the minimum labour costs for the abortive costs of Gateshead Council or a contractor.
7.21 Where a no access occurs and the repair is related to health and safety matters or materials have been ordered, the repair will stay open to allow time to make contact to rebook the repair.
7.22 Gateshead Council will monitor no accessed visits to ensure that properties do not fall into a state of disrepair.
Access for planned maintenance, inspections and safety checks
7.23 We may require access for works outside of responsive repair work. This may include:
- access to carry out an inspection, or stock condition survey
- access to remove or inspect for the presence of known hazards, for example asbestos, through survey or removal
- access to carry out works to remedy damp, mould and condensation
- access to post inspect works carried out to ensure damp, mould and condensation has been eradicated
- access to assess work required in relation to housing condition claims
- access to carry out disrepair works
- access to post-inspect disrepair works
- access for periodic inspections/checks such as gas and electric safety checks
- tenancy related visits
- health and safety breaches
- follow-up work / rescheduled visits
7.24 For planned access, Gateshead Council, or our representatives, will contact a tenant to arrange an appointment to access their home. We will provide reasonable time for the tenant to rearrange and outline ways and methods to contact us.
7.25 If repeated appointments are missed by the tenant, Gateshead Council will proceed as follows:
- Stage 1 Letter - Following an unsuccessful access attempt we will send a No Access letter to the tenant asking them to contact the council to rearrange the appointment.
- Stage 2 Letter - Where the tenant does not respond to the No Access Letter, or allow access at the agreed appointment, we will send a No Access Reminder Letter explaining the need for access and giving the tenant five working days to respond to make an alternative appointment.
- Stage 3 Letter - Where the tenant does not respond to the No Access Reminder letter, or allow access at the agreed appointment, a Final No Access Letter will be hand delivered giving a final opportunity to make contact and arrange an appointment that suits them, or the council will force entry to their home to carry out the necessary work.
- Commence legal action.
7.26 Prior to commencing any legal action the Customer Care team will liaise with Housing Management to gain access to the relevant property. If the access attempts are unsuccessful then the council will commence legal proceedings.
7.27 The Housing Management Team will also provide support in gaining emergency access to properties where there is a health and safety issue.
7.28 For annual gas safety checks, tenants are advised of this potential charge in writing in the letters notifying them that the service is due. The costs associated with forcing access to a property for an essential safety inspection will be recharged to the tenant.
7.29 Should we proceed with legal action, we may commence with a warrant, injunction, possession, and money judgment proceedings simultaneously. We will seek to recover any legal costs from the tenant or leaseholder.
No access for work being carried out by contractors of Gateshead Council
7.30 When a contractor attends at a pre-arranged appointment to carry out a repair and there is no-one at home to give access, this can cause a loss to the contractor. In some cases, this loss is passed on to the council by the contractor.
7.31 Repair appointments are arranged to suit tenant requirements, and they can be re-arranged in advance if required. Therefore, unless there are exceptional circumstances, the council will charge for any costs for missed appointments that are passed on from the contractor.
Repeated no access
7.32 Gateshead Council will monitor no access through our Housing System (NEC) and our appointment system (DRS). Instances of repeated no access will be highlighted.
7.33 We reserve the right to charge tenants for the call out costs should no access be a continuous issue at the property. This will only be done following an investigation into the circumstances and frequency of no access instances.
Refusal of access
7.34 Gateshead Council will ensure all reasonable methods of arranging access to ensure our homes and tenants receive sufficient investment and services. If a tenant refuses access, they may be in breach of their tenancy agreement and a court order may be pursued.
7.35 Where the repair is understood to be an emergency or a health and safety matter then we will continue to make contact prior to the repair being cancelled. If the repair poses a serious safety risk for other residents or the building, we will take appropriate steps to gain access.
7.36 In advance of needing to gain access to one of our tenants' homes, where possible we'll provide as much information to help them develop an understanding around the importance of allowing access and where they have an option to decline or postpone some types of work.
7.37 In cases where it is difficult gaining access, understanding of the reasons behind those difficulties can result in lower legal costs and higher access rates.
7.38 Gateshead Council will review a tenants' support needs and aim to address any relevant risks when implementing this policy. This will be done on a case-by-case basis and planned to avoid unnecessary delays.
7.39 Legal action and/or legally compliant forced entry will only be used as a last resort.