Recharge Policy

Introduction

This policy tells you:

1.1 mhs homes has a legal obligation under Section 11 of the Landlords and Tenancy Act 1985 to carry our repairs to the properties we rent. In meeting this obligation, we expect our customers to keep their home in good order and to report repairs to us in a timely manner.

1.2 Whilst mhs is responsible for repairs related to general wear and tear, repairs excluded from Section 11 and damage caused by the customer are their responsibility.

1.3 Where a customer is liable for the repair mhs may undertake the repair and recharge the customer.

1.4 In addition to recharging, we will also look to recover costs and charges related to tenancy enforcement/management that falls outside of our legal obligation.

1.5 The aim of this policy is to provide clear guidance on what we will recharge for and how we will apply the recharges. The policy is supported by the Recharge Procedure which details how we administrate the process.

Who needs to know

2.1 This policy applies to all mhs customers and their families living in social or affordable rent properties owned or managed by mhs homes with the following tenancy types:

  • Assured

  • Assured Shorthold

  • Secure

  • Protected

  • Fixed Term (Clarion only)

  • Market Rent

  • Intermediate rents

  • Lord Kitchener

  • Licences (Foyers)

  • Garage licence holders.

2.2 This policy does not apply to Shared Owners or Leaseholders. Leaseholders and Shared Owners are subject to Service Charges and rechargeable repairs, and these are detailed in the Service Charge and Sinking Fund Policy

2.3 The policy will be applied by our Housing and Asset teams when considering a rechargeable repair or service.

Policy statement

3.1 As a landlord, we are responsible for the repair and maintenance of our properties. Where repairs are the customers responsibility or damage is caused by the customer, either on purpose or accidental, and where it is no longer at the standard we require it to be, any repairs we undertake will be chargeable to customers. These are known as rechargeable repairs.

3.2 In addition to rechargeable repairs, we may also look to pass on and recover costs associated with services, such as:

  • Missed appointments

  • Court costs

  • Clearances

  • Deep cleans

  • Garden works

  • Storage costs

  • Personal circumstances, referenced in Section 3.4

  • Other costs not covered by our landlord duties

3.3 We will always look to apply recharges fairly and will recognise instances where the recharge was a result of a situation outside of the customers control, for example because of Domestic Abuse, vandalism, or crime.

3.4 We will always consider customers individual needs and protected characteristics when applying this policy to sure the service we provide is tailored to their needs. We will also consider these when assessing if a recharge should be applied at all.

3.5 This policy helps us manage the risk of not recovering the costs of damage to properties or where additonal work is needed to return them to the letting standard.

Purpose

4.1 The policy and the supporting procedure set out how we apply recharges, it covers:

  • Rechargeable repairs and services

  • How we identify and apply a recharge

  • Emergency rechargeable repairs

  • End of tenancy recharges

  • Exceptions

  • Collecting recharges

  • Appeals

4.2 We will refer and apply this policy when assessing and applying recharges.

Scope

5.1 This policy applies to customer of mhs homes, Heart of Medway, Lord Kitchener, and properties we manage on behalf of another provider.

5.2 It covers our general needs, affordable rent, market rent Supported Living, Foyers and garage licence holders. It does not extend to our shared owners and freeholders.

5.3 This policy also applies to former tenants who owe a recharge relating to their former tenancy and, in the case of deceased tenants, to their executor/estate.

Legal and Regulatory Overview

6.1 Section 11 of the Landlords and Tenancy Act 1985 sets out our repairing obligation as a Landlord.

6.2 The Act does not require a landlord to carry out repairs that became necessary because the tenant failed to use the property in a tenant like manner.

6.3 Mhs will ensure that this policy is applied fairly and consistently and will not directly or indirectly discriminate against any person or group in line with equality law and principles.

6.4 We will act sensitively towards the diverse needs of individuals and communities and will take positive action where appropriate. We may provide communications in alternative languages or formats and or interpretative or transcriptive assistance where appropriate to assist customers with distinct communication needs.

Rechargeable Repairs

7.1 Customers are responsible for repairs that fall outside the landlords repairing responsibilities

7.2 Customers are responsible for any damage caused accidentally, deliberately or through misuse, abuse, neglect, or carelessness.

7.3 The damage may be to their home, garden, garage or communal area and may be caused by the customer, their family, friends, pets, or agents & contractors working on their behalf.

7.4 We will recharge customers for:

  • The removal of fixtures, fittings, walls, alterations and works to any part of the building, outbuildings or garden and boundaries which has been done without prior written permission from us.

  • Work that was carried out by the customer with our permission, but not completed to a proper or safe standard.

  • Inappropriate use of the property e.g., blocking toilets or sink/bath wastes.

  • Garden works and clearance, including the removal of ponds, sheds, greenhouses etc when a tenancy ends or to meet the terms of an enforcement notice (condition of property)

  • Electrical work that is not certified by a competent electrician.

  • Gas work that is contrary to gas regulations.

  • Lost keys and fobs (at our discretion).

  • Damage to your property that was caused by lawful entry by police and other authorised bodies.

  • Inappropriate use of the emergency out of hours service.

  • Pest control where the infestation has been caused by the customers actions.

  • A leak caused by damage, neglect, or faulty installation, for example a leak from washing machine.

  • Fire caused by unsafe or illegal practices.

  • Dumped or fly tipped bulky items or rubbish that mhs homes must remove.

  • Carry out repairs that are tenants responsibility, but the tenant has failed to carry out, or to carry out to a suitable standard

  • Other repair costs resulting from the customer or their associates failing to use the property in a tenant like manner.

Raising Rechargeable Repairs

8.1 A rechargeable repair can be raised in several ways:

  • Through the contact centre and out of hours - wherever possible the Customer Service team will identify the job as rechargeable and inform the customer that they are liable for the cost prior to booking the job, recording confirmation.

  • Stock Condition Surveys - we may identify works undertaken by the customer without permission or not to a safe standard. The surveyor will inform the customer the remedial works will be rechargeable and will specify works and costs.

  • Home Plan Visits - we may identify works undertaken without permission or repairs required which will be referred to our surveyors to detail works required.

  • Tenancy enforcement – we may require a customer to make good on a condition of property issue or in relation to ASB which entails costs such as clearances, deep cleans or garden works.

  • Void properties- when a customer moves out we may identify damage, items left in the property or works undertaken without our permission.

8.2 Jobs initially raised as non-rechargeable may still be recharged should the operative attending discover the repair relates to tenant’s responsibility, damage, misuse or neglect. The customer will be advised of the recharge as soon as practically possible and usually prior to the works being completed.

Emergency Repairs

9.1 Rechargeable emergency repairs during office hours will generally require making safe first, for which there is a fixed charge.

9.2 Follow on works will be charged as per our schedule of rates, published on our website. The pricing is reviewed and updated periodically.

9.3 There is an additional charge for Out of Hours rechargeable emergency repairs. This is chargeable at £60 per hour, plus VAT at standard rate, an 12.5% additional administration charge and the cost of any materials required.

Void Recharges

10.1 When a customer ends their tenancy we expect them to leave their property in good order, as defined by our Moving Out Guide

10.2 If the customer doesn’t return the property in the condition expected. we will recharge them for any costs we incur to make good.

10.3 Items left in the property belonging to the former tenant until collected or formally relinquished. We will usually recharge for storage costs as per our TORT procedure, defined in our Ending a Tenancy Policy

10.4 If the tenant has died we will request the next of kin to clear the property, see section 12 below – Death of a tenant.

10.5 If the tenant has moved to a care home we will treat the debt as a former tenant debt – see below.

Charging Former Tenants

11.1 Former tenants will be notified of any recharges at the earliest possible opportunity or at least within 28 days of their tenancy ending.

11.2 They will be sent an itemised bill detailing the charges owed and payment will be requested via all payment methods we offer.

11.3 Payment terms are to be set at 28 days. However we will consider individual circumstances and offer flexible payment plans where appropriate.

11.4 If we have exhausted all options or where payment plans have failed on multiple occasions, the debt will be transferred to a collection agent or escalated to the small claims court and a 10% administration cost added.

Death of a Tenant

12.1 When a tenant dies, we request their next of kin clear their property.

12.2 Should the property not be cleared we will register a claim against the estate to recover costs associated with the clearance.

12.3 If there is no estate against which to register a claim any unclaimed items in the property may be sold to recover costs (as per ending a tenancy policy). However, if there is nothing of value and no prospect of recovering the debt from the estate the debt may be written off.

12.4 Where a tenant has died, recharges will be handled sensitively in recognition of the difficult time this will be for family members or those handling the estate.

Other Rechargeable Costs

13.1 In addition to rechargeable repairs, mhs homes will also look to recover costs for services and costs associated with enforcing the tenancy. These include:

  • Court costs – eviction costs, court orders for access and injunction costs.

  • Pest control that does not fall under mhs homes statutory duty (refer to Pest Policy).

  • Removal and/or storage costs for goods and items left in communal areas, garages, or empty properties.

  • Missed appointments, where the customer has not given us adequate notice[1] that they will not be in for their pre-booked appointment.

  • Works undertaken relating to condition of property, for example deep cleaning a property, removal of rubbish and garden works.

  • Admin charges related to processing recharges.

[1] Minimum one hours’ notice is required to cancel an appointment without incurring a charge.

​​​​​​​Charges

14.1 Charges will be presented to the customer as an itemised bill in a durable medium. The bill will detail how the fees and charges have been calculated and will (where possible) include photos.

14.2 Recharge costs are available on the website.

14.3 Charges for one off and individual works such as garden clearance and making good on works undertaken without permission will be provided to the customer as a quote before works are undertaken. Should the customer fail to accept the charge we may consider enforcement action against the tenancy.

14.4 Customers may procure their own works or repairs but must use a registered, insured contractor and are required to obtain mhs’ permission before doing so.

14.5 Payment for recharges are due within 28 days of the works being completed.

14.6 Customers who need to will be offered the opportunity to agree a a payment plan. This will normally be as follows :

  • Recharges under £99 – max term is 12 months.

  • Recharges £100 - £499 – max term is 36 months.

  • Recharges more than £500 – max term is 60 months.

14.7 No interest will be applied to recharges.

14.8 We will not use rent credits to offset the recharge without the customers explicit permission. However, we will offset payments made by mhs to the customer against the recharge. For example where mhs makes a settlement to a customer for a complaint, the payment may be applied first against any rent arrears and then any recharge owed.

14.9 In the case of Unpaid invoices or failure to comply with payment plans, debts will usually be passed to a debt collection agent or pursued through the small claims court. A 10% admin fee will be applied to process unpaid bills.

Recharge Exemptions

15.1 We will not recharge if there is evidence the damage was caused because of domestic abuse or hate crime, or where a third party unconnected with the household causes the damage i.e. vandalism or ASB.

15.2 We will not recharge:

  • The family of a customer who has passed away if there is no estate and no items of value left in the property that can be sold to clear the debt.

  • When a customer goes into residential care and has no means to pay

  • Where a customer has been a victim of a serious crime and has obtained a crime reference number or valid supporting evidence from the police

  • Due to other customer circumstances at the discretion of an Assistant Director or Director

Appeals

16.1 If a customer or former tenant wants to appeal the recharge, they should do so in writing to the Income Team at mhs homes, or by emailing to [email protected] within 28 days of the date of the invoice.

16.2 Upon receipt of an appeal, we will review to ensure our process has been followed and the evidence provided where possible/ Whilst investigating an appeal we will not collect the recharge.

16.3 Any appeal will be considered at first by the Income assistant who will look to provide evidence or more information. If we are unable to provide evidence or our process has not been followed correctly, we will consider writing this off. Approval for this will be sought from the Income Manager, or in their absence another Housing Services Manager.

16.4 If the customer is dissatisfied with the process, they can raise a formal complaint though our complaints process.

Training

17.1 Rechargeable repairs are usually raised by our Asset Management Team, they are trained to assess works and will use the current schedule of rates to price them.

17.2 For structural works our surveyors are trained to specify works and cost them accordingly. They may use external, specialist contractors.

17.3 Recharges are administrated by our Income team who are trained on this policy and supporting procedure

17.4 Customer facing teams are trained to consider individual needs of different customers, ensuring additional needs are considered in the administration of recharges.

Assurance and Monitoring

18.1 Recharges are recorded in our housing management system, they are recorded on a sundry account separate from the customer rent account and monitored to ensure consistency.

18.2 The Head of Housing and the Income manager will assess up to 5% of all recharges annually to ensure they are applied fairly and consistently.

18.3 Supporting the policy is an Equality Impact Assessment.

Stakeholder insight and engagement

19.1 Relevant staff including managers and frontline delivery have been consulted on this policy and its application within their service areas.

19.2 Customers have been consulted on this policy.