Policy

If a resident is requesting adaptations within the communal area, the requirements of the Equality Act are still applicable, but the views of other residents will be sought in accordance with our Choice and Consensus Policy and will influence whether Housing 21 is able to give consent for the adaptation or not. e.g., other residents may oppose the installation of a stairlift in the communal areas and Housing 21 may have regard for those views.

Mobility Scooter Storage: All requests for onsite scooter storage will be considered. Please access the Mobility Vehicle Policy for more guidance.

In accordance with the Tenancy and Lease Agreements a resident must obtain the written permission of Housing 21 before making any alteration or Adaptation to their property. Failure to do so would be a breach of the agreement and may result in action being taken under the terms and conditions of their Tenancy or Lease agreement.

Housing 21 will not reasonably withhold permission but retains the right to refuse the request if it is likely to result in there be a long-term detrimental impact on the ability to let the property in the future. If the request is refused, this will be confirmed in writing setting out the reasons for refusal and whether this can be appealed.

Building Surveyor Approval:  All proposed major adaptations must be discussed with and approved by a Housing 21 Building Surveyor who will provide advice and assistance, to contractors whether appointed by residents, local authorities, or Housing 21. This will be completed by the coordinators team. Building surveyors will also stipulate the appropriate levels of insurance a contractor requires whilst carrying out the works.

Once approval has been given, this will be confirmed to the resident in writing, setting out any conditions of the consent and whether there are any ongoing responsibilities on the resident for ongoing maintenance and servicing of the adaptation.

Retrospective Permission: Making alterations without Housing 21’s consent is a breach of the tenancy agreement or lease and may result in steps being taken to remove the adaptation. However, in some instances retrospective permission may be granted, subject to the adaptations having been made in line with this policy and with Building Surveyor approval.

Repairs:  The funding of ongoing repairs and maintenance of an adaptation is as follows:

• If a minor repair is needed on an adaptation in a rented property, it is funded via Housing 21’s repairs budget.
• If a minor repair is needed on an adaptation in a leasehold property this is funded by the resident.
• If an adaptation needs replacing, Housing 21 will support residents to apply to the Local Authority for replacement.

Servicing:  Some adaptations, for example stair lifts, will require ongoing maintenance servicing. Before permission is given to install an adaptation with an on-going servicing requirement, written confirmation must be provided by the resident that they understand the requirement and agree to fund the servicing cost themselves. However, if there ever be any exceptional circumstances in which Housing 21 assumes responsibility for servicing an adaptation, the Compliance Team must be notified of this.

Removal or Re-use at Vacation: As part of the vacation process, Housing 21 will assume the responsibility for deciding whether the aid or adaptation will remain or be removed. When a new tenancy starts in a property that has previously undergone an aid or an adaptation, advice from a Building surveyor should be sought to assess whether the adaption is still appropriate or whether arrangements should be made for its removal.

The following building adaptation and services for the benefit of disabled persons can usually be zero rated in respect of VAT:

Procurement:  Housing 21’s Financial Regulations must be adhered to in the procurement of aids and adaptations. See Appendix 5

Building Adaptations:  The following building adaptations and services for the benefit of disabled persons can usually be zero-rated:

• The provision, extension or adaptation of a bathroom, washroom or lavatory in residential accommodation where the work is necessary to suit the condition of a disabled person.
• Construction of a ramp to help a disabled person gain access to a building.
• Widening of existing doorways to help disabled persons move about within a building
• Services of adapting goods to suit the condition of a disabled person, for example, the services of adapting a manual garage door with a door which has been automated due to a person’s disability.

The effect of zero-rating is that, with the exception of the items that have to be apportioned, VAT should not be paid on invoices relating to these products or services. Further advice and assistance in relation to the above is available from Housing 21’s Tax Manager. See Appendix 5.

In rented homes where the resident has a tenancy agreement that gives them the right to compensation for improvements, they may be eligible for compensation in accordance with the section 99a of the Housing Act 1985.  Details of Right to Compensation for Improvement Works can be found in Housing 21’s Compensation Policy.

The tenancy compensation scheme does not apply to leaseholders because any improvements they make will reflect back in the value of their home when they sell their property.

If a DFG application is rejected the Scheme Manager should support the resident to appeal using the Local Authorities complaints process. It is useful to check the Local Authorities DFG policy, to ensure it has been adhered to and the resident treated fairly. If the Local Authority fails to award a DFG after all of the stages of their complaint's procedure have been exhausted, the complaint can be progressed to the Local Government and Social Care Ombudsman.