GUIDANCE NOTE: Landlord Permission -
Undertaking Repairs or Alterations to the Property.
- Landlord Permission
- It is a requirement of your tenancy agreement that you must contact us for written permission prior to carrying out any additions, alterations or improvements to your home. The application form is available on our website.
- We will not refuse permission without a good reason but we may grant permission with special conditions attached regarding the standard of the work. However, if your rent account is in arrears you will need to pay these first before we will consider your request for improvements/alterations.
- It's important to get permission, mainly to ensure the work you're about to undertake is safe, does not cause a nuisance and meets building standards. Also, when you give up your tenancy, you might be due compensation from us for improvement work we have approved but if not approved we may ask you to change it back to how it was which may prove expensive for you.
Please do not carry out any work until you have our written permission.
- Retrospective Permission
If you have carried out any home improvements without seeking our written permission first you should apply for retrospective permission using the application form on our website.
If you have carried out any home improvements without obtaining our written permission or had our permission but did not carry out the improvements as agreed, we may have to put the property back to how it was. We have the right to ask you to return the property to the way it was before. If you refuse to do this, we can re-instate the work and recharge the cost to you.
If you are in any doubt about whether permission is required or if you have already made alterations or improvements to your home and did not get permission please contact Homes Direct on 019025567898 for advice.
- Some things that are not allowed
- If you are an introductory tenant (a tenant in the first year of your tenancy), we can’t agree any alterations
- You can’t alter communal areas of the building
- You can’t use any communal areas of the building to carry out your works (e.g. your contractor can’t use the communal areas to saw timber)
- What is our responsibility?
- The Tenancy Officer shall acknowledge the request and seek any further information if required within 5 working days.
- From receipt of your application, providing all information is available, we have a target of 28 days to reply to you in writing either granting or refusing our permission. During this time we will need to check the details provided, possibly carry out a visit to your home and may also need to take advice from a specialist service.
- If further information is required to consider granting permission we will advise you.
- What is your responsibility?
- You should make your request via our on line application, explaining in detail what you want to do
- Await our written approval or details of any conditions to be met to carry out the work
- You should allow Wholverhampton Homes access to check on the progress of any work
- You should provide all appropriate/requested documentation
- Don’t carry out any work to your home without written permission from Wolverhampton Homes
- You must not make any additions, alterations or improvements to the dwelling including its structure, internal and external walls, gardens or fences without our written consent
- You must not erect any fence, structure, shed or outbuilding without written consent
- It is your responsibility to check with City of Wolverhampton Council if you require any planning permission or building regulations approval
- Tell us when the work has been completed. We may need to check the work has been carried out satisfactorily.
At the end of your tenancy if we inspect your home and discover unauthorised improvements and alterations you may need to reinstate the work before you leave the property.
- Conditions to which permission is subject
- Any work done by you to your home is carried out at your own expense and shall incur no cost to Wolverhampton Homes.
- Any damage should be made good at the tenant’s own expense and in such a fashion to match the existing, both in style and quality of finish.
- You are responsible for any future maintenance or repairs to the installations you have carried out to your property.
- The tenant is responsible for appropriate insurance to indemnify the Council against all liability in respect of any damage to property or personal injury caused or suffered by the installation, maintenance or removal of works undertaken.
- Before you move out of your home, you may be required to return the property to its original condition at your own expense, minus fair wear and tear. Further advice will be available upon termination of your tenancy.
- You must ensure that any changes made by you to your home do not hinder future repairs and maintenance by Wolverhampton Homes by restricting access to things such as pipework, electrical outlets and stop taps.
- We may ask you to move or amend alterations for the purposes of carrying out essential repairs and maintenance work. Any such amendments will be undertaken by you and at your own expense. If you fail to make reasonable adjustments within the proposed timescale, we reserve the right to carry out the work on your behalf and recharge you. We are unable to guarantee that the alteration or installation will be restored once the repair is complete.
- Any approved alterations to the heating system will become the property of the Wolverhampton Homes and must not be removed.
- That Wolverhampton Homes is not held responsible for any injury to any persons or damage to the property that may be caused during the installation or future usage of the installation and any such damage is rectified at your own expense.
- That Wolverhampton Homes is not held responsible for any damage to the installation whilst carrying out any repair work to the building.
- The tenant must obtain any appropriate Building Regulations approval where applicable.
- The tenant must obtain any appropriate planning approval, where applicable.
- For some requests you may be asked to submit plans, including timescales for the work and proof of any compliance with current legislation linked to building works and compliance with gas, electric, asbestos and environmental.
- Where consent is given for a repair or improvement, you must allow our staff reasonable access to inspect the work at any time.
- We may give you a timescale in which to complete certain works and you may have to provide us with details of the times of day you intend to carry out those works. After this time, we will complete an inspection; any remedial work identified during the inspection should be undertaken by you and at your own expense. If you fail to complete the work to our specifications or within the proposed timescale, we reserve the right to revoke permission and we would require you to put it back to the original condition.
- If you use a contractor, you must ensure that the contractor is qualified and competent and holds the necessary certification and accreditations to carry out the work. They must hold current public and employer’s liability insurance.
- That the work is carried out observing all current Building Regulations, and requirements in force at the time.
- You and any contactors you use must abide by all current Building Regulations, CDM Regulations, Control of Asbestos Regulations and legislation in force at the time including those governed by Gas, Electricity or Water Authority.
- You should provide details of the Waste Management arrangements for the project and how waste will be consigned.
- All materials used must conform to current British or European Standards.
- Please be aware of the potential presence of asbestos in your home. Before carrying out any DIY, repairs or alterations, you should contact us.
- Where any grant has obtained for the works, the terms controlling the grant shall be adhered to.
- When decorating, textured wall paint or stipple finishes must not be applied to the walls or ceilings of your property. You must not use polystyrene tiles on walls or ceilings, or fit Decra-Lead or similar products on windows.
- You should not apply any paint to wall tiles and kitchen units or UPVC manufactured items such as windows, doors and windowsills.
- You must not paint the casings of gas appliances or electrical fittings. The paint may give off toxic fumes or even catch fire. If we are forced to replace any fixtures or fittings because of a breach of health and safety, we will recharge you for any costs that we’ve incurred.
- Conditions of tenancy appertaining to illegal acts, also apply to illegal acts within a shed, greenhouse, shelter, kennels, pigeon loft or aviary.
- The tenant must notify Wolverhampton Homes upon completion of the work so that an inspection can be carried out if required.
- The alteration is to be carried out within 6 months of the application decision.
- Information required
- Scale house/room plan showing existing and proposed layouts
- Dimensions with design drawing
- Materials to be used
- Name of contractor/person doing work
- Cost of work from estimates/receipts. Obtain copies if possible
- Completed Building Regulations application form
- Completed Planning application form
- Refusal of structural alterations
There are structural alterations that we must consider for the long term maintenance and cost effectiveness of the housing stock and as such will refuse the following. (The tenant has the opportunity of purchasing the property, under the Right to buy proces if they still wish to make major alterations):
- Loft conversions
- Patio doors -unless there is an existing opening such as a window with lintel where the doors are to be located.
- Removal of internal or external walls (unless for disabled adaptations through Social Services)
- Right to compensation for improvements
- Under The Secure Tenants of Local Authorities (Compensation for Improvements) Regulations 1994 a qualifying person is entitled to be paid compensation by the landlord in respect of a qualifying improvements at the time when the tenancy comes to an end.
This means, if you have our permission to carry out alterations or improvements to your Council house, you may be entitled to compensation at the end of your tenancy.
- When you terminate your tenancy, to claim compensation for improvements you must apply in writing within the period starting 28 days before, and ending 14 days after, the tenancy comes to an end. You must include the necessary proofs (i.e. letter of consent from Wolverhampton Homes, receipted invoices, copies of building certificates and planning permission if required).
- Compensation is only payable for the installation or replacement of the works listed below:
- Any object which improves the security of the dwelling-house, but excluding burglar alarms.
- Bath or shower
- Cavity wall insulation
- Double/secondary glazing or other external window replacement
- Draught proofing of external doors or windows
- Insulation of pipes, water tank or cylinder
- Kitchen sink
- Loft insulation
- Rewiring and the provision of power and lighting or other electrical fixtures including smoke detectors
- Space or water heating
- Storage cupboards in bathroom or kitchen
- Thermostatic radiator valves
- Wash hand basin
- Water closet
- Work surfaces for food preparation
- These items have a notional lifespan and the compensation payable depends on a number of issues including the original price paid, the age of the item and the condition at the end of your tenancy.
- If you have any outstanding debt to Wolverhampton Homes, we may deduct this from the compensation amount.
- Compensation is not payable if:
- Permission for the work has not been granted by the landlord
- You have already been reimbursed for the improvement
- Your tenancy is ended by court decree
- The compensation payable is less than £50 or exceeds £3000
- The Right to Buy has been exercised
- A new tenancy of the same, or substantially the same, dwelling-house has been granted to the qualifying person (or, in the case of a joint tenancy, to all of the joint tenants) whether or not with anyone else.
- Grounds for refusal
We may refuse permission for improvements if:
- In breach of the standard conditions of tenancy
- Failure to comply with specific conditions
- Unsuitable materials
- Insufficient expertise
- Inappropriate design or location
- Not obtained building regulations
- Not obtained planning consent
- There is less living space in your home
- They will make your home unsafe
- The improvements create disadvantages for neighbouring homes
- They make it more expensive for us to maintain your home
- Appeal of Decision
If Wolverhampton Homes refuses its consent to an application for permission to undertake repairs or alterations to the property the tenant may appeal. However, the tenant is required to prove that the landlord’s refusal is unreasonable. The tenant should therefore approach any application for permission with that in mind.You have the right to appeal against a decision by requesting a review of it.
- The request for review must be made within 10 working days of the date you were advised of the decision in writing. The request for review must be made in writing by the tenant, signed, dated and set out the reasons for the request.
- Upon receipt of the request an acknowledgement will be sent in writing within 5 working days.
- The review will be undertaken by an officer not involved in the original decision and you may be contacted to discus the matter further.
Once a decision has been made you will be notified in writing of the outcome.
- Last Updated: Tuesday, 14 January 2020 15:23