28.9  Right to Repair205

28.9.1  The Contractor shall procure that all Dwellings are kept in such repair as to ensure that no Tenant is in a position to serve on the Authority an application for a qualifying repair to be carried out pursuant to Right to Repair.

28.9.2  Where the Contractor is in breach of clause 28.9.1 (Right to Repair) the Authority shall be entitled to serve a notice upon the Contractor requiring that the Contractor takes such steps reasonably required by the Authority to rectify the breach within such period as the Authority reasonably requires.

28.9.3  If the Contractor fails to comply with the Authority's notice referred to in clause 28.9.2 (Right to Repair) then the Authority shall be entitled to take such steps as it reasonably considers necessary to enable it to comply with section 96 of the 1985 Act and any regulations made pursuant thereto.

28.9.4  The Contractor shall indemnify the Authority against any Losses incurred as a result of any failure by the Contractor to comply with clause 28.9.1 (Right to Repair) or Losses to the Authority resulting from any actions of the Authority under clause 28.9.3 (Right to Repair).

__________________________________________________________________________________________

205  See footnote 200.